In most birth injury cases, it is the parents that sue for injuries the child sustained. This is not always possible though, so someone else must file.
When a child is injured during the birth and labor process, normally the parents file a lawsuit to recover damages. However, there are times when the parents are unable to file a lawsuit. For example, a child may sustain injuries during birth, but complications during labor could be so severe that the single mother dies during the process. In these circumstances, an Ohio birth injury lawyer can advise the family of the child about who can file a lawsuit.
Ohio Law and Legal Guardians
Rule 17(A) of the Ohio Rules of Civil Procedure states that only the “real party in interest” can file a lawsuit. This means that when someone sustains an injury, only that person can file a lawsuit against the liable party. Other people generally cannot file a lawsuit on someone else’s behalf. However, there is an exception to the rule.
Rule 17(B) of the Ohio Rules of Civil Procedures states that a parent or legal guardian can file a lawsuit on behalf of the minor. Minor children do not have the capacity to file a lawsuit on their own behalf in the eyes of the law and so, an adult must file the lawsuit for them. Typically, this is the parents of the child. When the child does not have any surviving parents, a legal guardian can file a lawsuit instead.
When a Child Can File a Lawsuit
Although minor children cannot file a lawsuit on their own behalf when they suffer a birth injury, they can file a lawsuit once they turn the age of 18. This is the age of majority and after a child’s 18th birthday, they can file a lawsuit, even when the injury they sustained occurred 18 years before. When a child files a birth injury lawsuit on their own behalf, they only have until they turn 19 to file. This is the statute of limitations and when a child does not file before this time, they will forfeit their right to damages.
It is rarer for children to wait until they have reached the age of majority to file a birth injury lawsuit. Still, it does happen. Using the above example, a single mother may die during the birthing process and the legal guardian of the child may decide not to file a lawsuit. In this case, the child can wait until they have turned 18 and file a lawsuit prior to their 19th birthday.
Our Ohio Birth Injury Lawyers Can Help with Your Lawsuit
Whether you are the parents of a child that was injured at birth, a legal guardian, or the medical error victim, our seasoned Cleveland birth injury lawyers can help you file a lawsuit. At The Eisen Law Firm, we are dedicated to helping families recover the damages they deserve and we want to help you, too. Call us today at 216-687-0900 or fill out our online form to schedule a consultation.