Many personal injury cases in New Jersey are complicated even when they don’t involve unusual circumstances. However, certain out-of-the-ordinary situations could lead to more complications.
If, for example, you’re ever in an accident involving a minor, you might not adopt the same approach you normally would when taking legal action. An atypical incident like this may leave you wondering, “Can you sue a minor for a personal injury in NJ?”
Ensure you know the answer to avoid unexpected obstacles that could impact a personal injury case’s outcome.
Who Is Considered a Minor in New Jersey?
New Jersey considers anyone under the age of 18 a minor.
In NJ, minors aren’t eligible to file personal injury lawsuits against others without asking their parents or guardians to serve as “guardian ad litem.” Additionally, the answer to the question, “Can you sue a minor for a personal injury in New Jersey?” varies depending on the situation.
Understanding A Minor’s Accountability in Personal Injury Cases
The age of accountability in New Jersey civil cases may vary. Below are several factors that could affect the answer to the question, “Can you sue a minor for a personal injury in NJ?”
- A minor’s age, as those under seven in NJ are incapable of negligence
- A minor’s experience, as those with more experience in certain areas, such as driving, might be found more negligent than those with no experience
- A minor’s capacity, as their ability to understand the dangers during situations isn’t always consistent
Potential Problems When Suing a Minor
Suing a minor for a personal injury in New Jersey is possible, but it may present potential problems that limit the amount of compensation you collect.
For starters, the average minor in NJ has a limited net worth. Therefore, even if you prove a minor should have lived up to an adult activities standard during an accident and earn a judgment in a lawsuit, you might not collect much in the way of compensation.
If you think, “Oh, then I will just file a personal injury lawsuit against their parents,” that can also come with complications. Proving parental responsibility in an accident involving a minor is challenging. Some states also place liability caps on the damages you can recover from parents in these types of cases.
Thankfully, New Jersey doesn’t have these caps, but the state still makes it tough for adults to successfully sue minors. There is a reluctance to impose liability on minors in NJ during personal injury lawsuits because of the ongoing debate over whether or not those under 18 have the maturity and experience to assess risky situations accurately.
Distinguishing Negligence vs. Intentional Acts Committed by Minors
During a personal injury case involving a minor, one key discussion is the negligence vs. intentional acts debate. Those involved in these cases often try to determine whether a minor caused an accident.
A minor in New Jersey may have shown negligence by not practicing enough caution during an accident. They may have, for example, been driving too fast or distracted while driving and exhibited negligence.
A minor in New Jersey may have also committed intentional acts that caused your accident. For instance, they may have pushed you down during an altercation at a shopping mall and caused you to break a bone.
You may take legal action against a minor in either of these cases, but the outcome will depend on how a minor’s negligence or alleged intentional acts are interpreted in court. A child’s age, maturity level, etc., can all affect liability determination.
Unique New Jersey State Laws Affecting Minors
New Jersey has unique laws that differentiate it from other states when it comes to answering the question, “Can you sue a minor for a personal injury?”
These laws make it possible for personal injury plaintiffs to include minors in lawsuits. They also call for plaintiffs to file lawsuits within two years to avoid missing the state’s statute of limitations.
New Jersey also uses a comparative negligence system. This system enables plaintiffs to recover damages in civil cases even if they were partially responsible for accidents.
Can Parents Be Held Liable for the Actions of Their Children?
In some personal injury cases, New Jersey has enacted parental responsibility laws that hold parents liable for their children’s actions. For example, a parent might be found liable for a car accident that their teenager caused in NJ if they knew their child was inexperienced and not yet ready to drive alone.
Parents can be held liable because of a legal concept called vicarious liability. However, New Jersey will only hold parents responsible for their children’s actions up to a point, as the state has placed liability caps on the compensation personal injury plaintiffs can collect.
How To Prove Liability in Personal Injury Cases Involving Minors
Proving liability in personal injury cases involving minors is similar to proving it in other personal injury cases. You must:
- Show that a minor had a duty of care to keep others safe
- Demonstrate how a minor breached this duty of care
- Highlight how a minor breaching their duty of care led to your accident
- Calculate the damages you would like to recover
You can utilize this evidence to strengthen a personal injury case against a minor:
- Police reports
- Eyewitness accounts
- Expert testimonies
A minor’s age, maturity, and intent may all come into play as their lawyer seeks to defend them.
Legal Options Available in Personal Injury Cases Involving Minors
You will maintain several legal options when filing personal injury cases against minors. You can, of course, file a lawsuit and allow the legal proceedings to play out in court.
Taking this approach might allow you to collect the largest amount of compensation possible. However, it can also be time-consuming and subject you to many court hearings.
Another option is to try negotiating a settlement with the defendant in your personal injury case. In New Jersey, a minor cannot legally agree to a settlement, so you’ll need to have their parents involved in this portion of the process if you go in this direction. This may help you collect compensation quicker, but you risk not collecting as much as you might otherwise by seeing your case through to the end.
Common Challenges and Obstacles When Suing Minors
No matter how you choose to take legal action against a minor involved in your personal injury case, it won’t be without its challenges. A few obstacles you may face include:
- Proving that a minor demonstrated negligence or intent during your accident
- Showing that a minor understood the actions they took during your accident could cause injuries to others
- Arguing against defense claims that a minor acted like a child during your accident rather than as an adult would in a similar scenario
Seek Legal Advice From Our Law Firm When Suing a Minor for a Personal Injury in New Jersey
The answer to the question, “Can you sue a minor for a personal injury?” might be “yes,” but that doesn’t mean a personal injury lawsuit against a minor will be an open-and-shut case. Sadaka Law can simplify the process of filing a personal injury case against a minor. We can also provide accountability and possible compensation, even in complex cases involving minors.
Contact us at 800-810-3457 to schedule a consultation.
