Settlement for a minor
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Settlement for a minor
On Halloween 2015 we were read ended. The young lady was on the phone on her way to a Halloween party when she hit us at a red light. She never tried to help. I was not feeling good I was struck in the car the seat belt was not working. My daughter’s car seat was destroy but she manage to get out and help me with my seat belt. The young lady didn’t have her insurance. We exchanged information since she seem to want to leave. Car had a hard time moving but made it home. The next day my daughter said that her chest was hurting took her to the hospital. The doctor said that she was sore due to the trauma. A few days later I took her to the pediatrician since she was having bloody noses since she hit her face with the iPad during the accident. She will cried in the car she didn’t want to go to school. Her behavior was bad and even had a few potty accidents at school when she was potty trained for almost 1 1/2. She keep asking about our car and I will have to explain that is not coming back since it was a total loss. The young girl who hit us is the daughter of a police officer and the mother is an official in the army. My daughter pick the phone a few times when the young lady’s mom called harassing us. Since she was trying to blame the accident on me. The insurance is offering only $300 to settle my daughter’s case. My daughter was 4 when we got read ended. She still gets bloody noses and gets scare when cars and especially trucks get close to us thinking that they may hit us.
Asked on March 9, 2017 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The settlement offer of $300 is ridiculous and should be rejected.
Your daughter should receive compensation for the medical bills and compensation for pain and suffering, which is an amount in addition to the medical bills. You might want to take her to a child psychiatrist or psychologist for her trauma about approaching trucks and cars.
You should obtain your daughter's medical bills and medical reports. Her claim filed with the at-fault party's insurance carrier should include those items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which as mentioned above is an amount in addition to the medical bills. There isn't any mathematical formula for determining compensation for pain and suffering. It just depends on the facts of the case. Since your daughter has residual problems, I would ask for quintuple the medical bills to compensate for pain and suffering, but not expecting to get that. That would be a starting point in negotiations. If you are going to take your daughter to a child psychologist or psychiatrist, you want to include those bills and medical reports in her claim filed with the at-fault party's insurance carrier.
Since they are only offering $300, you will need to file a lawsuit for negligence on behalf of your daughter against the at-fault party. 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 settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with the at-fault party's insurance carrier, your daughter's lawsuit must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter. CA has a two year statute of limitations for filing a lawsuit in a personal injury case. This means the lawsuit must be filed prior to the two year anniversary of the accident.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The settlement offer of $300 is ridiculous and should be rejected.
Your daughter should receive compensation for the medical bills and compensation for pain and suffering, which is an amount in addition to the medical bills. You might want to take her to a child psychiatrist or psychologist for her trauma about approaching trucks and cars.
You should obtain your daughter's medical bills and medical reports. Her claim filed with the at-fault party's insurance carrier should include those items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which as mentioned above is an amount in addition to the medical bills. There isn't any mathematical formula for determining compensation for pain and suffering. It just depends on the facts of the case. Since your daughter has residual problems, I would ask for quintuple the medical bills to compensate for pain and suffering, but not expecting to get that. That would be a starting point in negotiations. If you are going to take your daughter to a child psychologist or psychiatrist, you want to include those bills and medical reports in her claim filed with the at-fault party's insurance carrier.
Since they are only offering $300, you will need to file a lawsuit for negligence on behalf of your daughter against the at-fault party. 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 settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with the at-fault party's insurance carrier, your daughter's lawsuit must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter. CA has a two year statute of limitations for filing a lawsuit in a personal injury case. This means the lawsuit must be filed prior to the two year anniversary of the accident.
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