Speaking from a New Mexico legal perspective, your child would have a claim against your husband. This does not always sit well with the parent but the claim belongs to the child.  Agan, in New Mexico, we would proceed against the liability insurance on your husbands vehicle and any other drivers/vehicles.   Without knowing the extent or permanence of the injuries to your child, it is impossible to predict the value of the claim.  No matter what the ulimate recovery, because the claim is for the child, in New Mexico, the insurance company and the court would insist on a guardian ad litem to protect the interestes of the child and to make sure that all funds recovered are preserved for the child.  You should contact an attorney in your state as laws are different from state to state.  This is not intended as legal advice but as a general overview of the topic.  This answer does not in any way create an attorney client relationship.  Every case is different and personal injury law can be quite complex.  There is no substitute for the individualized analysis and evaluation of your situation by experienced personal injury attorney