Can you sue a parent for negligence?
Asked by: Lauriane Stehr MD | Last update: January 15, 2026Score: 4.1/5 (59 votes)
It may not be conventional, but yes, you can sue your parent, child, or other family member if their negligence injures you! Several years ago, I represented a sweet, young 7-year-old girl who was severely injured when her mom ran a red light, and their car was hit broad-side.
What are things you can sue your parents for?
If they robbed you at gunpoint, you could sue them for for theft. If they used copied your invention as a part of their products, you could sue them for patent infringement. If they built their fence across your property line, you could sue them for trespass and make them take it down.
Can parents be held liable for negligence?
In the state of California, a parent or legal guardian can be held liable when a minor damages property or causes personal injury.
How to sue a parent for emotional distress?
Second, to pursue a claim for emotional distress, you have to either tie the emotional distress to a physical injury or demonstrate intentional acts that are so outrageous as to be utterly intolerable in a civilized society. This is a very high standard and requires allegations that can truly shock a judge.
At what age is a parent not legally responsible?
The Duration of Parents' Legal Obligations: The Basics
In most states, parental obligations typically end when a child reaches the age of majority, 18 years old. But, check the laws of your state, as the age of majority can be different from one state to the next.
Can You Sue Your Parents For Child Abuse? - CountyOffice.org
Can you sue a parent for a child's actions?
Now, all 50 states have some type of law that holds parents liable for damage caused by the conduct of their children. Under many of these laws, a parent's lack of knowledge of the child's conduct is irrelevant, and the parent is liable for damages caused by the child's negligent or wrongful actions.
How long can a mother keep a child from their father?
The answer is usually no; a parent cannot stop a child from seeing the other parent unless a court order states otherwise.
Is suing for emotional distress worth it?
One of the core problems with suing for emotional distress is that it's hard to put a financial value on what you're experiencing. Unlike a broken bone that can be seen through an x-ray, the trauma you've experienced isn't as evident, and it ranges widely in severity from one person to the next.
Can I sue my parents for emotional neglect?
Yes, if a family member's actions have caused you emotional distress in a manner that has significantly impacted your life, you may be able to sue them for the emotional distress you are suffering or have suffered.
What is proof of emotional distress?
Gathering compelling evidence is fundamental to constructing a robust case for emotional distress. The documentation should encompass a comprehensive range of materials, including medical records, therapy or counseling records, eyewitness testimonies, and expert witness testimony.
Who Cannot be held liable for negligence?
Kids under the age of 6 cannot legally be negligent. This is simply in recognition of the fact that a child of that age, isn't capable of forming the capacity to act, or of evaluating his or her own actions for reasonableness. However, their caretakers can be liable.
Can you sue a family member for negligence?
Like any other civil legal action, you have the right to file a lawsuit against a family member if you believe they have caused you harm in some significant way. But just like any other personal injury claim, you must be able to substantiate your claim to prove negligence.
What is an example of parental negligence?
Parental neglect is a parent or legal guardian's failure to provide a child with necessities. This is often considered a type of child abuse , and is also referred to as child neglect.
What are the reasons to sue a parent?
Physical abuse (non-accidental physical injury) Neglect (failure to provide for a child's basic needs, including physical, medical, emotional, and educational) Abandonment. Emotional/psychological/mental abuse (Includes terrorizing a child with threats of violence or abandonment)
How much can you sue someone for emotional abuse?
Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances.
Can an adult child sue a parent?
An adult child suing for child support may be able to sue a parent for child support in arrears, if the adult child is the designated executor or representative of their custodial parent's estate.
Can you sue a funeral home for emotional distress?
In California, a plaintiff can sue a defendant for negligence and claim emotional distress as damage. The infliction of emotional distress can be considered intentional or negligent.
Can I sue CPS for defamation of character?
Below I'll discuss reasons for a potential lawsuit against CPS: False Allegations: If CPS falsely accuses you of child abuse or neglect, and these allegations harm your reputation or cause emotional distress, you might consider a defamation lawsuit.
Do I need a lawyer to sue for emotional distress?
Write down how your emotional distress affects you, including any physical symptoms. Then, talk to a lawyer about your situation. They'll help you decide if you have a case and prepare for trial. With your emotional distress attorney, you'll file the emotional distress claim.
What are punitive damages in law?
Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
Can a mother refuse access to the father?
The answer to this question is almost always “no,” especially if there is a court order granting custody and parent-time to your child's father. What follows are potential exceptions to this general rule, but you should not withhold your child without discussing it with an experienced family law attorney beforehand.
How do I protect my child from a toxic parent?
- Contacting the authorities (police, child protective services)
- Domestic violence restraining orders.
- Domestic violence shelters.
- Refuge, even if temporary, with friends or family.
How do you deal with an uncooperative co-parent?
- Establish Boundaries as Soon as Possible. If you haven't done so already, establish boundaries with your child's other parent. ...
- Communicate Only When & What's Necessary. ...
- Talk to Your Children in an Age-Appropriate Manner. ...
- Accept That You Can't Change Someone Else's Behavior.