If my 1 year daughter was hit a month a ago by a city cab, should I get a lawyer and how much money could she get?

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If my 1 year daughter was hit a month a ago by a city cab, should I get a lawyer and how much money could she get?

The cab driver was in the wrong .The cab was dropping them off. She had to stay in the hospital for a month and five days. Her injury was traumatic brain injury and her left cerebellum.

Asked on July 1, 2013 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be advisable to speak with a personal injury attorney.

It is not possible at this point to determine how much compensation your daughter will receive.  When she completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her treatment beyond which no further iimprovement is anticipated, obtain her medical bills and medical reports.  Your daughter's personal injury claim filed with the insurance carrier for the cab company should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury and will be used to determine the amount of compensation your daughter receives for pain and suffering, which is an amount in addition to the medical bills.  The medical reports will also state whether or not future medical treatment is necessary and the estimated cost of that medical treatment.  Without knowing the amount of the medical bills and the contents of the medical reports, it is not possible to place a dollar value on the case at this time for settlement purposes.

If the case is settled with the insurance carrier for the cab company, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the cab company's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the cab company.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.  If the case is NOT settled with the cab company's insurance carrier, your daughter's lawsuit against the cab company must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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