Legal Question in Personal Injury in New Jersey

Re: Pain and Suffering lawsuit because of an auto accident re: DUI

The us of marijuana is relevant to the case, and is an admission by the person, regardless of who it was made to or whetehr the police charged him. That said, there are still hearsay and potential privilege considerations and the person he admitted his marijuana use to would have to testify to this.

As to whether his parents can sue, simply put, that depends. His parents may, or may not, be appointed as his legal guardian during a period of incompetency. This is an issue that would have to be explored during litigation.

Re: Pain and Suffering lawsuit because of an auto accident re: DUI

The defense of this claim should be handled by the car insurance company for the defendant. The parents msy sue on behalf of the child if the child is under 18 or they are appointed guardian of the child. The marijuana use may get in, but I am not sure it is relevant.

Re: Pain and Suffering lawsuit because of an auto accident re: DUI

I am curious as to whether you are the defendant in the case or a parent of one of the passengers... However, in answer to your questions, it does not matter.

The use and possession of marijuana is irrelevant and inadmissible so long as it does not directly pertain to the persons damages or the happening of the accident. In short, if his use did not contribute to the cause of the accident nor has it affected his damages, then it it very unlikely that the issue would be raised in court.

As to the parents, they can always bring an action on behalf of a minor child. However, the Court must approve any settlement and the funds have to be deposited with the court until the minor's 18th birthday.

Please feel free to contact me if you have any other questions. Adam L. Rothenberg 800-34-NJ-LAW

Re: Pain and Suffering lawsuit because of an auto accident re: DUI

His parents cannot sue on his behalf if he is 18 unless he is mentally incompetent and they are his guardians. The marijuana use will not come in unless it somehow caused the accident or the severity of his injuries. If you would like to discuss this further call me at 732-286-2170....I am located in Toms River.

John Ducey