In the U.S., minors cannot enter into legal contracts or sue anyone without the assistance of a parent or guardian. However, there are some exceptions to this rule. If a minor is injured due to another person’s negligence, he can file a personal injury claim against that individual when he turns 18 and no longer qualifies as a minor. This article explains if can you sue a minor and how to proceed if you’re dealing with it.
Who Can Sue a Minor?
A minor can be sued in a personal injury claim, but only when the minor is responsible for the injury. In other words, the minor’s negligence caused the accident. For example, if a minor ran a red light and hit another vehicle, the driver and passengers of the second car could file a personal injury claim against the minor.
The plaintiffs can ask the court to assign damages to the minor’s parents. This is known as a negligent entrustment claim. Minor-inflicted injuries can also be claimed by a third party, such as an emergency room doctor who treated the minor’s injuries. In this instance, the doctor can demand payment from the minor’s parents.
When Can You Sue a Minor
If you’re suing a minor for damages from an injury, you’ll have to wait until he reaches 18. Once he turns 18, he loses his status as a minor and is legally responsible for his actions. At this point, he can be sued for his negligence, provided you can prove that he was at fault for your injury.
Keep in mind that a minor’s age affects how you proceed. If the minor is under 12 years old, you must file your lawsuit in juvenile court. If the minor is 12 to 16 years of age, you file in regular civil court. You’ll transfer the case to regular court when the minor reaches 18 years of age.
How to Sue a Minor
If you want to sue a minor, you’ll want to file a complaint in the appropriate jurisdiction. Also, If the minor is under 18, you file your complaint in juvenile court. If the minor is over 18 years of age, you file your complaint in regular civil court.
You also file in civil court if the minor is under 21 years of age. Your complaint should include a detailed explanation of the facts surrounding your accident or injury. You’ll also want to list the damages you’ve incurred and the amount of money you’d like from the minor. You’ll also have to provide the minor’s address and any other information required by your court.