Is Mom's Claim Precluded?
1. Minor involved in MVA; 2. Minor's parent's incur medical bills; 3. Minor files lawsuit medical bills not allowed in suit by judge; 4. Minor loses lawsuit (asking for P and S only); 5. Mom wishes to file lawsuit to ask medical bills be paid. Is mom's claim precluded?
Answer: Assuming Mom was not a party to the prior suit, she should not be precluded. I would worry, however, whether the statute may have run on her claim and would have a very practical worry how you’re going to win that case when the minor could not.
Posted on Tue, August 25, 2009
by Sharon Coleman filed under