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.