Legal Question in Personal Injury in North Carolina

My son was injured when he was hit by a truck, broken ankle in 3 places, knee surgery to repair the joint, a 5 inch gash across the knee. my wife and i are divoreced, is it legal for us to sue separitly?

Asked on 8/28/11, 6:31 pm

1 Answer from Attorneys

Richard Culler Culler Law Firm, P.A.

no...a Guardian Ad Litem must be appointed (usually one of the parents), and only that person may sue on behalf of the minor child...once child reaches 18, isn't necessary to have a is the child's case, not yours, and the child has to be represented until he/she reaches 18...

one parent may sue for medical expenses; because that parent is responsible for the necessary expenses of daily living for the child...whoever has custody is usually the correct parent to file...although if all med's are paid by one parent, that parent should be the one to file...this money is what would be used to pay back insurance...if you don't have medical payments that apply through your homeowner's policy or, potentially, your car insurance...good luck

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Answered on 8/30/11, 4:42 am

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