What can we do legally if our son is hit by a construction vehicle? 35 Answers as of July 12, 2013

Our son was riding his bike and was accidentally hit by a bobcat sweeper. He did not suffer a terrible injury- the bike was mangled, and that was probably what saved him from getting really hurt. The bobcat backed into him and pushed him several feet before realizing what had happened. The company has offered to pay for a new bike, but should we be expecting more?

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
If there was no injury, a case may be won but without an injury the case would not recover much. Thankfully your son is ok. I would have him checked by a doctor again but it seems that he luckily avoided a catastrophe.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
Hard to say whether you should expect more without knowing more details about your sons injury and the accident.
Answer Applies to: Indiana
Replied: 7/12/2013
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
If you son has sustained personal and medical injuries the company is entitled to pay for this as well. Contact our office today to discuss a possible personal injury claim.
Answer Applies to: Illinois
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
If he suffered any personal injuries - either physical or mental - then you would have a claim.
Answer Applies to: Connecticut
Replied: 5/18/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
The least you can do is make a counter-offer with a little more for pain and suffering. Beyond that you can consult with an attorney to see if he/she is willing to expend the costs and manpower to pursue such a no-injury case.
Answer Applies to: Missouri
Replied: 5/17/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Your son is entitled to compensation if he got injured. The insurance company or the construction company must pay for the injuries. If your son had a personal injury that required a doctor's visit, then file a personal injury claim. If not, then accept the bike and move on.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    The insurance company should reimburse you for the medical expense, including repaying your health insurer's subrogation interest (their right to be repaid). Additionally, you should be paid for the physical pain and suffering based on the extent and duration of injury. Also, the claim does not become subject to the statute of limitations until the child reaches 19 years old, so don't hurry. Make sure you are satisfied the child has made a full and complete recovery prior to releasing his personal injury claim. Stay well.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    If he was hurt at all, I would think you should expect some additional compensation. Consult an injury lawyer as soon as possible.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    If the operator of the bobcat was negligent and caused the collision with your son, then they would be required to pay all damages. This can include the cost of the bike, as well as, medical expenses and compensation for any injuries he suffered.
    Answer Applies to: Oregon
    Replied: 5/17/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Any claim is based on actual damage. What is your damage? A bike? Take the money for the bike if the kid was not damaged.
    Answer Applies to: North Carolina
    Replied: 5/17/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    If your son was injured by the negligence of the bobcat driver you have a right to recover, but you must have actual physical damage to your son usually backed up by medical bills.
    Answer Applies to: Virginia
    Replied: 5/17/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    The claim is for the injuries sustained both to his body and for the bike.
    Answer Applies to: Delaware
    Replied: 5/17/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The company is liable for an actual damages caused by the accident. If there are any medical bills, the company would be liable for these. You son could be entitled for payment for any pain and suffering that he experienced. Usually, if there is no permanent injury, this is little to nothing. Based on your description of the injury, unless there are medical bills, I do not think you should expect more.
    Answer Applies to: South Carolina
    Replied: 5/16/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    If he is injured you may be entitled to more.
    Answer Applies to: Florida
    Replied: 5/16/2011
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    You should expect reimbursement for any medical bills, past and future, as well as pain and suffering. Helping injury victims & their families achieve justice.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    In order to get more than just the bike back, you'll have to hire a negligence lawyer who will make claims of personal injury and emotional injury, both of which must be proven by going to doctors and mental health professionals to prove it is the case. Otherwise, if you demand more than just the bike back strongly, they may throw some more money at you. If you want more than they're willing to volunteer, then you'll need a lawyer who will likely take 1/3 of whatever is recovered. Good luck.
    Answer Applies to: New York
    Replied: 5/16/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    Certainly a new bike. Also any medical bills. They really should give you something for your trouble as well.
    Answer Applies to: Illinois
    Replied: 5/16/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    To sue for damages, one must have suffered damages. Does not sound like the kid was particularly harmed. Get paid for the bike and having kid seen by doctor.
    Answer Applies to: California
    Replied: 5/16/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You should expect to be compensated for all losses + injuries your son suffered - property damage, out of pocket expenses + emotional losses.
    Answer Applies to: Colorado
    Replied: 5/16/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    If he was injured then yes he needs to get an attorney. IF he was not hurt then a new bike is probably all you will get.
    Answer Applies to: Florida
    Replied: 5/16/2011
    Ackley Law Group, PLLC
    Ackley Law Group, PLLC | Andrew N. Ackley
    It is fantastic that your son is not seriously injured. If the operator of the bobcat was negligent in colliding with your son, and your son suffered any injury as a result, you have a right to more than a new bike, though it is nice of them to offer the bike. Injury could include soft tissue and muscle soreness, scrapes, bruises, and many other relatively minor signs and symptoms. You will need to give more information to a lawyer to determine if the operator was negligent. Hope that helps.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    If your son was not seriously injured in this accident, what more compensable damages could you (legally) expect, other than the cost of replacing his bike? None that I am aware of would be my answer.
    Answer Applies to: Virginia
    Replied: 5/16/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    You are very fortunate that your son was not seriously injured. Assuming that fault for the accident lies with the construction company, you are entitled to all damages for the incident. In this case, damages would include a replacement bike, payment for all medical bills and a reasonable amount for any pain, mental anguish and inconvenience. Unless the injuries are severe, it is probably not worth getting a personal injury lawyer involved as this case seems to be one that should be resolved by the parties involved.
    Answer Applies to: Virginia
    Replied: 5/16/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Was he injured where he needed medical treatment? If so I would not settle if not I would take their offer.
    Answer Applies to: Ohio
    Replied: 5/16/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    They are responsible for whatever harm they caused to the bicycle and whatever injuries your son sustained. It's not clear from your post what the extent of the injuries are. If your son still has symptoms, I wouldn't settle so quickly as he might have a permanent problem. Contact your lawyer to discuss the specific details of this situation.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    West law Office
    West law Office | Russell West
    Unless your son suffered some injuries he does not have any damages other than property damage which they have offered to replace. Possibly he could have some emotional damages but that is very difficult to substantiate. There is also the issue of liability whether the bobcat driver was negligent or whether your son rode into the street without looking into the path of the bobcat.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    If the driver of the bobcat was at fault, he or his company should make you whole for any losses you suffered. That would include any incidental medical expenses.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Often times the extent of damages may not be initially known in an accident like this. Before agreeing to any settlement, you should consult with an attorney to discuss the claim in full.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    Hopefully your son was not severely injured in the collision. If so, you are truly lucky. However, if you son suffered injuries and the operator of the bobcat was acting negligently, or if the construction company did not have anyone spotting the bobcat, you may very well have the rights to pursue a claim on your son's behalf. Before speaking further with the construction company, we would certainly recommend that you consult with an experienced personal injury attorney.
    Answer Applies to: Florida
    Replied: 5/16/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    If your son was injured, you probably have a case for personal injury. Your best bet would be to have the case reviewed by an attorney, to make sure you aren't giving up any of your rights.
    Answer Applies to: Utah
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If your son was physically hurt and has medical documentation of those injuries your son, than as a personal injury lawyer, I would be seeking reimbursement for all medical expenses and for a settlement of his pain and suffering. This could vary considerably depending on his injuries. Call me and we can discuss. If his injuries are too minor to involve an attorney, I would give you an idea or two about settling this yourself.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If he has not been hurt, then accept the bike. Did he have to see a doctor? Has he suffered any permanent injury or permanent scarring? If so, then tell them you want more than a new bike.
    Answer Applies to: Florida
    Replied: 5/16/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Yes you are entitled to more. They are offering to pay for property damage. Your son should also be compensated for any personal injuries as well. This would include medical expenses, pain and suffering, impairment, and various other items.
    Answer Applies to: Colorado
    Replied: 5/16/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    Sorry to hear that. It depends on the extent of any injuries he suffered in the accident, and the liability of the driver.
    Answer Applies to: Massachusetts
    Replied: 5/16/2011
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