What should I do after my daughter was taken to the hospital due to a car accident?

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What should I do after my daughter was taken to the hospital due to a car accident?

Another vehicle hit my car while she was backing up out of her parking spot. She hit the driver side towards the back where my daughter was sitting. I took my daughter to the emergency room because she said her leg was hurting. My son was also in the back seat of the car on the passenger side. I woke up this morning with neck pain and lower back pain.

Asked on August 8, 2017 under Accident Law, California

Answers:

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

Answered 4 years ago | Contributor

You, your daughter and your son have separate personal injury claims.  Notify the at-fault party's insurance carrier in writing of the personal injury claims.  The personal injury claims are separate from the property damage claim which is filed with the at-fault party's insurance carrier.
The following discussion is applicable to each of the personal injury claims: Upon completion of medical treatment and release by the doctor or the doctor declaring the injured party to be permanent and stationary, which means having reached a point in medical treatment where no further improvement is anticipated, obtain the medical bills, medical reports and in your case documentation of wage loss.  The personal injury claims filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document the injuries and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the cases are settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject them and file a lawsuit for negligence against the at-fault party.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your children if they are minors.
If the cases are NOT settled, the lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you/your children will lose your/their 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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