The Philadelphia Personal Injury Law Blog

How Do Children File A Personal Injury Against Parent?

In a recent case in Uniontown, Pennsylvania, west of Philadelphia, a mother has been charged with the identity theft of her family. Tina Price has been accused of using her father's identity along with her two children, ages 7 and 2, to "apply for 25 credit cards"  (as reported by ABC 6 Action News).

She will face criminal charges for identity theft. Could a personal injury case work in this scenario?

The New Jersey Judiciary states: "To sue in Small Claims, a person must be 18 years of age or older. If the person suing is under the age of 18, the complaint must be filed by the parent or guardian."

FindLaw explains: "Typically, the statute of limitations in a lawsuit for injuries to a minor does not begin to run until he or she reaches the age of 18." Findlaw goes on to say that if the injury occurred when the victim was a child, that child may have until he turns 18, and then some time after that, before he loses the ability to file his personal injury claim.

Since this is such a confusing topic, I would recommend contacting a Philadelphia personal injury attorney to clarify the case. 

When the parent is the alleged criminal, the children are having a hard enough time without having to worry about how they can process their claim.