White Oak, TX Personal Injury Law Firms & Lawyers

If you can show that your sister's wrongdoing or negligence was the cause of your son's broken leg, then yes. With the information you provided, it doesn't sound like you know how your son's leg was broken. A child can fall, for example, with a parent standing right there. It doesn't mean the parent did anything wrong. Arguably your sister should have contacted you immediately, but waiting a few hours did not necessarily cause any additional injury to your son. You would need to show either 1) your sister caused the broken leg injury or 2) her doing nothing about the leg for a few hours caused additional injury to him.

You could sue her for the alleged negligence. However, you will have to prove that because of her negligence, your son was injured. If you prevail, then the next step is recovering from your sister. Therefore, your sister has to be financially able to pay for the damages.

It is likely that the insurance company will back off once they know their insured already sued for the same damages. When the other driver's insurance company paid for the repairs, their insured, under the tems of the policy, gave up his right to sue for anything other than his deductible. If he is collecting from your niece, he should be required to reimburse his insurer.