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How much should my daughter get for her personal injury claim?

How much should my daughter get for her personal injury claim?

personal injury
Jake W asked:


A little over a year ago, I backed into my 23 month old daughter with the our car. A few months later our car insurance called and offered to settle her claim for $850. We were suprised that my daughter would get anything since I was the one that hit her. Our insurance explained that it was just like her getting hit by someone else, or me hitting another child. We wanted to make sure all her medical bills were being taken care of and our car insurance said yes they would. But we found out they didn’t know everything she had been through and what her injuries were. Now our car insurance has all the bills and the medical reports from the hospitals that she went to. Tomorrow they are suppose to call and offer a new settlement. My wife called around to both hospitals and both ambulance companies that we used and all the bills were about $10,000. Were not greedy, but we want to make sure my daughter gets all the money she should. That’s what the insurance is for after all.
The accidents was determined to be her fault, but since she was 23 months it is no fault. All of the medical bills are taken care of so were not worried about that.

Delta Sky Miles

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Comments

  1. Kye H says:

    Well, she won’t get the money, the hospitals and ambulance services will get paid for their services.

  2. ronfar3 says:

    I’m not sure of the question…but if you are asking for the settlement amount then I would advise you consult a lawyer not here. Or at the very least take a free consultation, or make an appointment an Injury and Claims Paralegal.

    Anyways compensation should at least cover medical expenses.

  3. luthien_227 says:

    The only thing she could get would be a pain and suffering settlement… talk to a (honest) lawyer to find out what (if anything) that should be… you don’t have to accept a settlement offer right away, you can get back to them after some consideration

  4. CalLawGuy says:

    Subject to the terms and exclusions of your policy, all of your daughter’s medical bills, costs and expenses should be paid or reimbursed. Like you say, that’s what it’s for.
    I wouldn’t “settle” for less than what you are entitled to, nor would i ask for more. Your daughter is not entitled to “pain & suffering” since it was your fault.
    Thank your stars she’s OK.

  5. Chris J says:

    How can you back into a kid and it be the kid’s fault? A 23 month old kid can hardly be expected to be around a potentially moving car and know to stay out of the way. Who was supervising your kid?

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