My child was injured in a motor vehicle accident. As a result of her injuries, I needed to take off from my work. I also needed to provide for tutors so she could do her school work while she was recovering at home. Do I have any type of claim for my expenses?
Yes you do. A parent is obligated under the law to provide for their child. But a parent has their own derivative claim. A derivative claim could be additional costs as a result of injuries sustained because of someone else’s negligence.
As a parent of a minor (under 18), you can recover for past expenses. Things like medical expenses, special equipment so the child can get around, as well as specialists like therapists so the child can recover are part of the derivative claim. So your loss of earnings, medical expenses, and money used to pay tutors are all recoverable as part of the derivative claim.
However future expenses are not part of the derivative claim. The child’s claim for personal injuries includes future medical expenses. Clark v. Eighth Avenue R. Co., 238 NY 246 (1920). But, if the child is 18 years (or older) and he still lives at home with the parent, a parent has no derivative claim. Dunphy v J&I Sports Enterprises, Inc., 297 AD2d 23 (2d Dept 2002).
In addition to expenses incurred, a parent also has a right to recover for loss of services of the minor child up until the child turns 18. Given the age, experience and training of the child, a parent has their own claim for loss of services the child performed and would have performed for the benefit of the family.
Derivative Claims for Spouses
Besides parents, spouses also can have a derivative claim for loss of services incurred as a result of someone else’s negligence. Spouses can recover for expenses incurred and loss of services of a spouse. In addition, a spouse can also claim damages for interference with the marital relationship. A spouse would have to explain the nature of their marital relationship before the accident. A jury would award fair and just compensation for the change in the marital relationship.
By James Santner, Esq.
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