Can I Sue For An Accident If My Parents Don’t?

At Tennessee Accident Law, we know the pain, confusion, and legal frustration that can follow a serious accident—especially when you're a minor and your parents choose not to take legal action. Whether you were hurt as a passenger in a vehicle, at school, or on someone else’s property, you may be wondering: "Can I sue for an accident if my parents don’t?" The short answer is yes—but the process depends on your age, legal status, and the specific circumstances of your case.

At Tennessee Accident Law, we know the pain, confusion, and legal frustration that can follow a serious accident—especially when you’re a minor and your parents choose not to take legal action. Whether you were hurt as a passenger in a vehicle, at school, or on someone else’s property, you may be wondering: “Can I sue for an accident if my parents don’t?” The short answer is yes—but the process depends on your age, legal status, and the specific circumstances of your case.

This article breaks down your rights as a minor or young adult, how the legal system protects your ability to pursue justice, and the steps to take if your parents are unwilling—or unable—to file a lawsuit on your behalf.

Call us now at 615-212-9866 to speak with an experienced attorney about your truck accident case.

Your Right to Sue as a Minor or Young Adult

In Tennessee, individuals under the age of 18 are considered legal minors and generally cannot file a lawsuit on their own. Instead, a parent or legal guardian must file the claim for you. However, if your parents choose not to act, it does not mean your rights are forfeited.

The law provides you with an opportunity to pursue compensation after you turn 18, even if your parents previously refused to do so.

Statute of Limitations in Tennessee for Minors

In most Tennessee personal injury claims, the statute of limitations is one year from the date of the incident. However, when the victim is a minor, Tennessee Code § 28-1-106 “tolls” (pauses) the clock until the minor reaches the age of 18. This means you generally have until your 19th birthday to file a personal injury lawsuit, even if your parents never took legal action.

Important Exceptions to Know

  • Medical malpractice cases may have stricter notice requirements and shorter timeframes.
  • If your injury occurred on government property, a notice of claim might still need to be filed within one year.
  • Claims involving wrongful death must often be filed promptly by a legal guardian or executor.

These exceptions can affect your legal rights, so it’s crucial to consult with our attorneys at Tennessee Accident Law to assess your situation immediately.

It is not uncommon for minors and their parents to disagree on whether to pursue a legal claim. Parents may decline to file for various reasons—emotional distress, lack of understanding, fear of confrontation, or pressure from insurance companies. However, your right to seek justice and compensation should not be overshadowed by someone else’s decision.

It is not uncommon for minors and their parents to disagree on whether to pursue a legal claim. Parents may decline to file for various reasons—emotional distress, lack of understanding, fear of confrontation, or pressure from insurance companies. However, your right to seek justice and compensation should not be overshadowed by someone else’s decision.

Options When Parents Refuse to Sue

  • Guardian ad Litem or Conservatorship: In rare cases, if a parent refuses to act in the best interest of their injured child, a court may appoint a neutral party to pursue the case.
  • Filing After Age 18: Once you become a legal adult, you can file a lawsuit yourself, even if no action was taken previously.

At Tennessee Accident Law, we help clients determine the best path forward when family disagreement prevents justice.

Act Quickly Even If You Have Time

Although the law allows more time for minors to file a lawsuit, evidence doesn’t last forever. Witnesses may forget details. Video footage can be deleted. Accident scenes change. That’s why it’s crucial to contact us immediately so we can begin investigating and preserving crucial evidence—even if your official filing comes later.

Types of Accidents You May Be Able to Sue For

Whether your injuries occurred in a vehicle, at school, or on private property, you may be entitled to seek compensation. We routinely represent clients in cases involving:

Motor Vehicle Accidents

Passengers injured in family vehicles, school buses, or third-party cars may have a claim against the at-fault driver or even the parent driving if they were negligent.

School or Daycare Injuries

If you were hurt due to unsafe premises, poor supervision, or negligence, you may have a valid claim—even if the school’s insurance offered a low settlement.

Premises Liability

Slip and fall incidents, drownings, dog bites, and other injuries on private or commercial properties can lead to substantial personal injury claims.

Animal Attacks

Tennessee follows a “strict liability” rule for dog bite cases, which means the pet owner can be held liable even if the animal had no history of aggression.

What Damages Can You Recover?

If you decide to sue for your accident injuries, you may be eligible to recover both economic and non-economic damages, including:

  • Past and future medical expenses
  • Pain and suffering
  • Loss of enjoyment of life
  • Disability or disfigurement
  • Emotional distress
  • Reduced future earning capacity

At Tennessee Accident Law, we evaluate every aspect of your injury to maximize the compensation you are rightfully owed.

In some situations, parents may agree to a settlement with an insurance company without fully realizing the long-term consequences. These quick settlements often fall short of covering future medical costs or emotional trauma. But what if you didn’t agree to the settlement and feel it’s unfair?

Can You Challenge a Settlement?

Yes. In Tennessee, any settlement involving a minor must be approved by a court to ensure it serves the minor’s best interest. If this process was skipped—or the settlement was unreasonable—you may be able to challenge it once you turn 18.

You may have a valid claim to reopen or contest the settlement if:

  • The court did not approve the deal
  • You had no legal representation
  • The settlement was unfairly low
  • You can prove fraud or coercion

Reopening a settled case is complex, but Tennessee Accident Law can help you evaluate your legal options and seek a more just outcome if your rights were overlooked.

Yes. In Tennessee, any settlement involving a minor must be approved by a court to ensure it serves the minor’s best interest. If this process was skipped—or the settlement was unreasonable—you may be able to challenge it once you turn 18.

How Tennessee Accident Law Can Help

At Tennessee Accident Law, we specialize in helping accident victims—both minors and adults—navigate the legal system to obtain full compensation. We are committed to:

  • Preserving evidence before it disappears
  • Assessing whether a previous settlement can be challenged
  • Preparing claims to be filed once you turn 18
  • Negotiating aggressively with insurance companies
  • Taking your case to trial if necessary

Even if your parents chose not to act, you still have a voice, and we’re here to make sure it’s heard loud and clear.

Don’t let someone else’s inaction keep you from pursuing the justice and compensation you deserve. If you were injured in an accident but your parents didn’t sue, contact Tennessee Accident Law today to discuss your rights and your legal options.

Complete our free case evaluation form or call us now at 615-212-9866 to speak with an experienced attorney.

Sources

  1. Tennessee Code Annotated § 28-1-106
    Outlines the tolling of statutes of limitations for minors and incapacitated individuals.
    https://law.justia.com/codes/tennessee/2021/title-28/chapter-1/section-28-1-106/
  2. Tennessee Department of Safety & Homeland Security
    Offers statistical and legal insights into traffic accidents and reporting procedures in Tennessee.
    https://www.tn.gov/safety/stats.html
  3. Cornell Law – Legal Rights of Minors
    Provides a general overview of legal capacity and rights of minors in civil claims.
    https://www.law.cornell.edu/wex/minor

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