Can I sue for pain and suffering for my 5 yr old daughter after minor car accident? 48 Answers as of July 04, 2013

The other driver backed into me and my daughter immediately started crying and yelling out her neck was hurting. An ambulance was called and was taken to the ER. She is now wearing a neck collar and was told to keep it on for 2 wks. 3 days later she’s still hurting and complains about her BACK and SHOULDER at times. Was told to follow up with PCP and get a referral for neurosurgery for c-spine clearance. They it said MIGHT not b anything major it was probably the seatbelt. Have to mention that she was not in booster seat but was buckled up...I did make an appt for her with a chiropractor I’m worried and now she really doesn’t want to get in any car, I have a hard time getting her in one. So my question is will she be able to get pain and suffering, etc and if yes what would be a reasonable amount?

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Riley Law Firm
Riley Law Firm | Timothy Dennis Riley
You can bring a claim on your daughter's behalf. The amount she might recover would be dependent on many factors, too numerous to go over in this forum.
Answer Applies to: Texas
Replied: 7/21/2011
Law Office of William Justice Whitaker
Law Office of William Justice Whitaker | William J. Whitaker
Dear Sir/Madam: Absolutely, you can make a claim for your daughter and file a lawsuit on her behalf for any injuries she received from the accident. Minor injuries are still injuries and she is entitled to monetary compensation for these damages. How much you ask for damages depends on the facts of the case, the injuries the person sustained and numerous other factors. The insurance companies handle a persons claim differently if they are represented by counsel or if they are trying to settle the claim themselves. I highly recommend you hire an attorney to handle your daughters claim as an attorney will get your daughter significantly more money then if you attempt to negotiate the claim yourself.
Answer Applies to: Virginia
Replied: 7/11/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Absolutely! You would actually sue for all of her medical costs, your mileage to and from the doctor, your lost wages due to doctor visits, her pain and suffering, and any permanent damage to her. You would sue on her behalf. This sounds like a decent case, but it is hard to say what you could get without knowing the amount of money lost due to the things I've mentioned above in addition to the pain and suffering.
Answer Applies to: Missouri
Replied: 7/7/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
Not be valid. Yes, the amount depends on the amount of treatment and eventual diagnosis.
Answer Applies to: Alabama
Replied: 7/4/2013
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
It appears to be a simple negligence case. You can normally settle those cases without a lawsuit. If you have any questions, feel free to give me a call.
Answer Applies to: Alabama
Replied: 7/7/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It is too early to tell if she can get pain and suffering and what amount. She has to complete medical treatment for you to know the extent of her injury. If it turns out to be nothing, she would be entitled to very little for pain and suffering. If she has a permanent injury, it could be a large amount.
    Answer Applies to: South Carolina
    Replied: 7/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    To explain what your rights are under New York law you have to understand a little bit about New Yorks No Fault law. Basically, No Fault says that a person involved in an accident gets their medical bills, lost wages and certain other expenses (called economic loss) paid whether or not that person caused the accident, subject to the limitations and conditions of the automobile insurance policy. In exchange for that benefit, the lawmakers took away that persons right to sue for non-economic loss (pain and suffering) unless a serious injury is sustained. The law then goes on to define what constitutes a serious injury. Having a serious injury is called piercing the No Fault Threshold because the injuries rise to a level severe enough to cross an imaginary line between injuries that do not qualify and ones that do. The car you occupy or the car that struck you if you are a pedestrian covers your economic loss. This is also referred to as PIP coverage. PIP stands for Personal Injury Protection. Basic economic loss is the minimum coverage that is required by law. There may be extra coverage under some circumstances. A claim for No Fault PIP benefits must usually be filed within thirty days of the accident. When people talk about suing for personal injury damages they are referring to recovering for conscious pain and suffering. Pain and suffering is non-economic loss. The No Fault Law does not apply to property damages. If you have collision coverage, then your company covers you. If you do not carry collision coverage, then you can make a property damage claim against the owners and operators of the cars that caused the accident. If you settle, it will almost always be directly with the other cars insurance company, unless the other cars owners and drivers do not want to report the accident to their insurer. So, you can sue for pain and suffering if you have a serious injury. Did you break a bone? Are you disabled? Have you lost use of part of your body? Is part of your body suffering from limited use? Things like that. It is too soon to tell if a serious injury was sustained. Make sure you timely file for No Fault benefits and monitor the progress of medical treatment. If the injuries do not improve within a month or two, then follow up with an attorney. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. We do not share a relationship as attorney and client. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general, under New York law they are: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!
    Answer Applies to: New York
    Replied: 7/7/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Yes, you can get compensation for your daughter. The amount would depend on the nature and duration of the injuries. Also, any funds obtained would need to be placed in a restricted account and held until she reaches 18 years of age. You should seek out a medical doctor and, perhaps, a neurologist if she really does have significant neck pain. You want to make certain the injury to her neck is not more serious which could be aggravated by chiropractic treatment.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I am sorry to hear about your daughter. I hope she gets better soon. You sue the other driver for her injuries. A lawyer will want to review the medical records to determine the extent of her injuries and see what the followup shows with her doctors. It would be hard to put an amount of a request without looking at the medical records.
    Answer Applies to: Pennsylvania
    Replied: 7/7/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    She can get pain and suffering. Impossible to predict how much without medical being resolved. A chiropractor may help the pain issues, but you really need to follow up with an orthopedist or neurosurgeon after getting a referral from your PCP.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    Sorry to hear about your daughter's accident. You are entitled to bring a personal injury claim on her behalf due to the car accident. We would certainly recommend that you see a primary care doctor before having your daughter seen by a chiropractor.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Address your daughter's medical issues first. Check your insurance, if you did not elect the right to sue option, which makes your insurance more expensive, you have to have a severe and/or permanent injury in order to be able to sue. You will not know if your daughter's injuries are severe for a while so heal your daughter. If after a period of time, your daughter still is suffering, revisit the issue.
    Answer Applies to: New Jersey
    Replied: 7/6/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Yes, you can make a claim for your daughter. In fact, you will have until her 21st birthday to do so. However, there is no way anyone can currently predict a "reasonable amount." She is still having problems; and you don't know what's wrong with her. You should follow the recommendations of the ER and have her seen by her PCP and a neurosurgeon - certainly before a chiropractor starts adjusting her spine. Eventually, when the case is ready to settle, any settlement MUST be approved by the court as long as your daughter is a minor at the time of the settlement. You should probably consider consulting a personal injury attorney.
    Answer Applies to: Washington
    Replied: 7/6/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Yes you can pursue damages on behalf of your daughter including pain and suffering. I am not able to tell you a reasonable amount without reading all of her medical reports and after she is medically stationary. Obviously if the pain lasts for a year it would be worth more than if it only lasted a month.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    You certainly have every right to pursue a claim on behalf of your daughter for her medical bills, and pain and suffering. The amount will depend on many factors, including the amount of your medical bills, her diagnosis, prognosis, length of treatment, etc. And of course what you consider to be reasonable may be quite different from what the insurance company considers reasonable.
    Answer Applies to: Texas
    Replied: 7/6/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Too early to tell. Michigan is a no-fault state, meaning that in exchange for unlimited lifetime medical benefits, we give up the right to sue for "minor" injuries, like bumps and bruises.
    Answer Applies to: Michigan
    Replied: 7/6/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Should your daughter be awarded pain and suffering compensation? Sounds likea good case for it. How much? That is a difficult question. Hire an attorney.
    Answer Applies to: California
    Replied: 7/6/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Yes, you may bring a claim on behalf of your daughter who is a minor as she is only 5. The proceeds of the claim belong to her, however, and must be used for her benefit only. You will have to account to the court for any money received for this and show how the money was used for her benefit.
    Answer Applies to: Georgia
    Replied: 7/6/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I recommend that you retain a personal injury lawyer as soon as possible and discuss all your rights and options, including the right to seek compensation for your daughter, too. Your attorney will discuss with you how much the evidence supports your seeking. Good luck!
    Answer Applies to: Georgia
    Replied: 7/6/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    In Florida, your daughter would have to suffer a permanent injury as identified within reasonable medical probability by a doctor (or chiropractor, though the insurance carrier does not put as much stock in a chiro). There's no way to tell the amount until a doctor determines the injury, if any, suffered. Kids are resilient. The insurance carrier may be willing to throw a little money towards a settlement without the doctor's opinion, but it won't be a lot.
    Answer Applies to: Florida
    Replied: 7/6/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you can get pain and suffering for your daughter for injuries she sustained in a car accident. Many people attempt to handle these situations on their own, but please be aware the insurance company will attempt to bully you into accepting something that is not fair. Unfortunately, without having the benefit of your daughter's medical records and bills and discussing her injuries with you, there is no way for me to put a value on your daughter's case. I would be more than happy to discuss your daughter's case with you.
    Answer Applies to: Louisiana
    Replied: 7/6/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Yes, you can make a claim against the other driver for your daughter's medical bills and for all of the harm she suffered. It is impossible to judge the value of the claim from your email. Moreover, the claim cannot be evaluated until your daughter has completed her recovery. If the injuries are serious enough, then court approval may be required for any settlement. I urge you to speak with an experienced personal injury lawyer in your area.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    Your daughter does have the right to make a claim. Any settlement would need court approval and the money would be held in a blocked account until she turns 18. I would question whether you want to take her to a chiropractor. Follow up with her primary care doc if problem persists. You may also want a counseling session or two if her fears do not gradually subside.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Yes, your daughter is entitled to damages for her injuries. Proper medical documentation is what you need. Ultimately, any money she receives should be put into an account that is blocked until she turns 18. I suggest finding an attorney to help you with this process.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It depends, in part, on the severity of her injuries. The other part depends on whether she should have been in a child seat, by law, if so, you have a degree of negligence in causing her injuries.
    Answer Applies to: Michigan
    Replied: 7/6/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Yes, however what amount is highly dependent on the facts, your child's injuries and how much you are willing to accept. You should probably speak with a local attorney in your area.
    Answer Applies to: Nebraska
    Replied: 7/6/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes, your daughter is entitled to reasonable compensation for her injuries, and for her pain and suffering. The amount depends on the severity of her injuries. You should consult with an attorney knowledgeable in personal injury cases.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You have a claim and the amount would be dependent on the nature and extent of the suffering. It appears too early to tell right now what a reasonable amount would be.
    Answer Applies to: Connecticut
    Replied: 7/6/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Morris Lilienthal
    I am sorry to hear about your accident and the problems your daughter is having. The short answer to your question is Yes you can bring a claim for your daughter's injuries and pain and suffering. Under Alabama law, a parent or guardian can bring a civil claim on behalf of a minor as the minor's "next of friend." I should also mention, that if a claim for a minor is resolved pre-litigation or after a suit is filed the minor's claim has to be approved by the Court though what is known as a Pro Ami hearing. The court will appoint a guardian ad litem (GAL) to represent the minor in the hearing. The GAL will review all the facts, documents and settlement terms and make a recommendation to the court on whether to approve the settlement or not. I would recommend you speaking with an experienced Alabama personal injury attorney to get a better understanding of the matter.
    Answer Applies to: Alabama
    Replied: 7/6/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    In Florida, you have to establish a "permanent injury" to recover pain and suffering from an auto accident. There is not a high threshold, but you did need some kind of long-term problem before you can recover beyond your medical expenses and other incidentals. You have four years to bring a personal injury claim in Florida (2 if a death results). So you have plenty of time to see how things turn out with your daughter. How much you may seek depends entirely on how bad her injury turns out to be. Hopefully she will not need surgery but if she did, the amount you would need for compensation would be much higher. I suggest you speak with a personal injury attorney in your area. Most will talk to you for free (initial consultation) and you can get more specific information including deadlines for bringing a lawsuit. Good luck.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Your child does have a claim for damages and you have a claim to be repaid any medical costs you incur reasonably for the childs care. It is impossible for a lawyer to simply say what is a reasonable amount for a claim without understanding far more than is in this question. Location, who the defendant is, medical history of the child will all have some impact. Most importantly, the injury your child actually incurred will impact the value of a claim. Also, minors claims are subject review by the courts if they are of sufficient size. Some insurance companies require judicial review for claims of any size.
    Answer Applies to: Idaho
    Replied: 7/6/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    Yes, your daughter is likely entitled to compensation for pain and suffering. How much is reasonable depends on what proves to be wrong with her, what treatment she requires and how long she requires such treatment.
    Answer Applies to: Louisiana
    Replied: 7/6/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Your daughter is eligible to recover for her pain and suffering damages just as any other person, although her legal parent or guardian must be appointed by the court to sue on her behalf. Her ultimate damage claims are totally dependent upon the extent of her injuries, so you should carefully follow up with everything the doctors tell you and follow all instructions carefully. Making sure she has the proper medical treatment is the most important thing.
    Answer Applies to: Louisiana
    Replied: 7/6/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Lets worry about baby first. Kids that young have difficulty verbalizing problems. Get child to pediatric doctor who knows about kids and ask him if orthopedic or neurologist is a proper choice. Do not deal with chiropractic now and at this age. Yes, she can claim for pain and suffering but you cant do much without proper medical opinions. So get the drs opinions and proper care first. Any amount of money you receive is for the child or for dr bills, not for you to spend. And the funds will be based on what the doctors say and on what the doctor bills are.
    Answer Applies to: North Carolina
    Replied: 7/6/2011
    Anderson & Bliven P.C.
    Anderson & Bliven P.C. | Scott Anderson
    Pain and suffering is one of the elements of damages an injured individual may seek. From what you have described, it sounds like your daughter has suffered a very serious injury to her neck. My first priority is to see that my clients receive the best medical treatment possible. A large portion of a personal injury claim is determined upon the injuries that are suffered, their long-term effects and how it effects the person. I would be happy to discuss your daughter's claim with you if you would like.
    Answer Applies to: Montana
    Replied: 7/6/2011
    Ackley Law Group, PLLC
    Ackley Law Group, PLLC | Andrew N. Ackley
    If you were not moving when the driver backed into you, that driver is probably liable for your daughter's injuries. The question of how much her case is worth depends on the severity of her physical and emotional injuries, the type and frequency of treatment, and the length of time she experiences symptoms, among other factors. It is just too early to give an honest prediction of the case value. With more details, however, a lawyer should be able to give you an educated estimate. You should also be aware that settlements for minors go through a court approval process with a guardian ad litem, and the funds are often put into a blocked account until the child reaches the age of 18.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Your daughter may have a case. However, in Utah, a person such as your daughter is not allowed to bring a suit for personal injury until her medical expenses exceed $3,000. You should see if she needs psychological help as well as medical help.
    Answer Applies to: Utah
    Replied: 7/6/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    Yes, you can get money for pain and suffering for your 5 yr old daughter. In this case, her medical bills will need to be greater than $3,000.00 in order to qualify for a claim for pain and suffering. I cannot really comment on how much should be paid for pain and suffering. It depends on many factors.
    Answer Applies to: Utah
    Replied: 7/6/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes she is entitled to pain and suffering.
    Answer Applies to: Tennessee
    Replied: 6/26/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 6/26/2013
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Your daughter has a claim. I would take her to a neurologist or orthopedic surgeon, not a chiropractor. The amount of damages will be based on the nature and extent of her injuries, the amount of her medical bills and whether or not she makes a full recovery.
    Answer Applies to: California
    Replied: 7/6/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Yes, she is entitled to compensation depending on what the doctors are saying her injuries are and the results of any testing. Also, how long will she have problems? Need to discuss this with her doctors.
    Answer Applies to: Delaware
    Replied: 7/6/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, you cannot collect for noneconomic damages (pain and suffering) unless you have suffered a permanent injury or a permanent impairment. Since you probably have PIP insurance, make certain you take your daughter to a qualified physician for diagnosis and treatment.
    Answer Applies to: Florida
    Replied: 7/6/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    I am sorry to hear about your daughter. Hopefully, she will be fine. If not, you may file a claim for her injuries, damages and losses. This includes, among other things, compensation for pain and suffering, medical bills, future medical care, and any residual impairment. The value of her claim (i.e. the reasonable amount) depends on a number of factors, but generally speaking, is based upon the medical expenses, injuries, and future care. You should consult with a qualified injury lawyer and do so sooner than later.
    Answer Applies to: Colorado
    Replied: 7/6/2011
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