Can I Sue For My Loss if My Child Who Was Hurt In The Accident?
Of course, if a child [an unemancipated minor under 18] is hurt in an accident, they have a claim of their own against the at fault party for damages.
The parent of the child also has a claim against the at-fault party for the loss of that child’s “services”, as well as for the cost of medical care for the child incurred by the parent.
Unlike a wrongful death claim, the derivative claim of a parent under these circumstances does not include loss of society or companionship. The damage calculation is really more of a strict “economic loss” analysis. One court has noted, ominously, with respect to services “if they can be proven”. As Attorney Eric T. Kirk will tell you. Hudson v. Hudson, 174 A.2d 339. Seasoned Baltimore personal injury lawyers are aware that at common law, a parent was entitled to any earnings their minor child received. Greenwood v. Greenwood 28 Md. 384. What the reasonable value of “services” provided by a minor to his or her parents is often defined or articulated through the creativity of the advocate.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
