Question:
CAN MY EX-HUSBAND SUE THE INSURANCE COMPANY OF THE MAN WHO HIT MY DAUGHTER AND COLLECT MONEY FOR HIMSELF? Butler, MO
Answer by Attorney Keith Taylor:
In Florida, the short answer is typically "no." I am assuming from your question that you are the person with custody of your daughter and that she is a minor. Either way, the guardian would be able to pursue recovery on a claim 'on behalf of' your daugther. Recovery for injuries suffered by your daughter belong to your daughter, however, because of her age, she will require her guardian to pursue such claims. The claims, however, are hers. In some instances, a parent of an injured child can pursue a claim for their own losses as well, which may include medical expenses paid by the parent and loss of income caring for the injured child. The recovery of exceptional damages by a parent of an injured child are limited to significant and permanent injuries to the child. If you believe your ex-husband is acting in his own interests and not the child's, you should consult an attorney to have this matter more closely evaluated. Thanks for your inquiry.
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