Child Injuries and Death

August 8, 2010

Can A Father Who Did Not Pay Child Support Recover Money When His Child Gets Killed in A Car Accident?

My child was killed by a drunk driver. He was 10 years old. I want to file a lawsuit. His no-good father, who never paid child support as ordered by the court and did not visit my son for the for the five year period after our divorce, says he is going to file a lawsuit, too. Can he do that? Does Tennessee law permit him to get money from the death of our son when he had nothing to do with our son when he was alive?

Unless you have some physical or mental health issue that you have not mentioned, you will have the right to bring the lawsuit.

Tennessee law provides that a parent who has a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period is not permitted to recover damages for the death of the child. Thus, to cut off the father’s right to money out of any recovery you make, you will have to demonstrate that (a) there was a child support order; (b) the father intentionally did not pay for at least 2 years; and (c) he intentionally did not visit the child.

May 4, 2010

Can I Sue the Soccer Referee or Baseball Umpire?

by The Law Offices of John Day, P.C.

My daughter was hurt in a soccer game because the ref refused to reign in a reckless player on the opposing team. Can I sue? My son is devastated because he was improperly called out on strikes by a blind umpire. Can I sue?

Setting aside the merits of these complaints, or the wisdom of pursing such a claim, Tennessee law gives a relatively high level of immunity to sports officials. Under Tennessee Code Annotated Section 62-50-201, a “’sports official’ means "any person who serves as referee, umpire, linesperson or in any similar capacity in supervising or administering a sports event and who is registered as a member of a local, state, regional or national organization that provides training and educational opportunities for sports officials."

Section 62-50-202 provides that "[a] sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official’s act of commission or omission arising out of the sports official’s duties or activities."

April 26, 2010

Can I Sue My Child’s Foster Parents?

by The Law Offices of John Day, P.C.

My child temporarily went into the Tennessee foster care program. While she was in the care of her foster parent the foster parent ran a red light and my child was severely injured. Can I sue the foster parent for harming my child?

In Tennessee you cannot sue the foster parent for causing this wreck and injuring your child but you can sue the State of Tennessee.

Under Tennessee law foster parents are considered employees of the state. If a state employee who is on the job causes a car accident and a person is hurt, the state employee cannot be sued but a claim can be filed with the State of Tennessee Claims Commission. The claims process is similar to a lawsuit, but the case is decided by a judge (called a commissioner) and not a jury and the damages that can be awarded to any one person for any claim are limited to $300,000.

April 9, 2010

Understanding Claims Relating to Children

by The Law Offices of John Day, P.C.

INJURY TO A CHILD:

1. My child has been injured. How long do I have to bring a lawsuit on behalf of my child?

Answer: Under the law in Tennessee, there are time limits on which any person can bring a lawsuit against another. The general rule is that a child has until one year after his or her eighteenth birthday to bring a lawsuit to recover for a personal injury. Some people argue, however, that a parent’s claim for medical expenses incurred on behalf of the child must be filed by the parent within one year of the incident causing the injury, and thus it makes sense to consult with a lawyer promptly about any injury to your child that you believe was caused by someone else’s negligence.