Personal Injury - Can You Sue The Mentally Ill?
Michael Babboni
Personal Injury
While it’s not a topic that anyone is happy or comfortable discussing, it is a question that occasionally comes up depending on the circumstances. You or someone you know may be minding his or her own business, going about daily activities. Then an accident occurs, such as being knocked down in a shopping mall by another person, resulting in an injury, or being hit by someone on a bicycle while outside. Under normal circumstances, this might immediately result in looking at a personal injury lawsuit.But then, after looking at the specifics, it turns out that the person involved was mentally ill, perhaps even intellectually/developmentally disabled. What now? Does this mean that it’s an accident that is a “free pass” for the other person, or could you, if you really wanted to, move ahead with a lawsuit? Is it even legal?
Responsibility Still Exists
One thing that many people may not realize, especially when it comes to the developmentally/intellectually disabled is that legally, there’s still accountability once a person reaches the age of 18. Under normal circumstances, even with a medical diagnosis such as autism, developmental disability or other mental impairments, that person is considered a fully functioning adult with full, legal responsibility for anything he or she does.
There is an exception to this, and that is the parents of the disabled person moving to assume full, legal guardianship, citing the medically diagnosed reasons. In other words, if the parents of a developmentally disabled child wish to do so, they can retain their legal responsibilities—and control—of that child’s legal/financial welfare into adulthood. But they must first take the legal steps to do so, this is not automatically conferred upon them, even with a medically documented diagnosis.
In The Event Of An Accident
Much of this then means that, as with other personal injury cases, the specifics of the accident must be evaluated on a case-by-case basis. However, it does mean that, aside from the optics of going to court against someone that is intellectually or developmentally disabled, there is no special protection or exemption people with these conditions enjoy.
Depending on the diagnosis, the developmentally or intellectually disabled can own property, can get a driver’s license, and still have the right to vote in elections. So it is crucial that the level of disability be known and considered in any potential lawsuit. It is also important to establish accountability. It may be the developmentally disabled person that must answer in court, or, if there is legal guardianship, then the guardians may be the ones expected to shoulder legal and financial responsibility, should it come down to that.
While no one wants to consider an unfortunate incident involving the disabled, accidents do happen. And sometimes it is someone with intellectual or mental disabilities that is the cause. If you have any concerns about how—or even if—you should proceed, get them cleared up by consulting an experienced St. Pete lawyer well versed in who is accountable in the eyes of the Florida legal system.