Ask Experts Questions for FREE Help !
Ask
    MomInPax3's Avatar
    MomInPax3 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 17, 2011, 09:47 AM
    Auto Accident - Teen injured - Pain and Suffering?
    I live in PA. My son was in a vehicle where the driver was speeding, lost control on a bend and the car flipped and landed on the roof. The car was totaled.

    He did not immediately have any extremely serious injuries, just was a bit out of sorts, had some chest pain, a bunch of cuts on his leg and hand. The medics monitored him in the ambulance for almost an hour before saying they thought he was "ok" in general, but to follow up with family dr or emergency room if anything changes or gets worse.

    Since the accident, he has had headaches every single day so far (it has been exactly 2 weeks), still has chest pain, and neck pain. He also has anxiety/panic attacks. He is 17 years old.

    He had CT Scan performed, as well as x rays and we are waiting on the results at the moment. The dr also prescribed anxiety meds and recommended counseling. He is living on Motrin daily for headaches, although they do not take the headaches away.

    My question is how will they handle it since he is a minor? I heard something about placing any compensation into an account that can't be touched (until he is 18 I assume?)

    I don't really want to go to court over this and neither does my son - he feels like he is betraying the friend in some way. I do believe he deserves compensation though, due to the friend's negligence and my son's injuries - who knows how long the panic attacks and anxiety will continue, or the headaches..

    I guess I am looking for any general helpful info or suggestions.

    Thanks!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Jun 18, 2011, 07:26 AM
    Quote Originally Posted by MomInPax3 View Post
    My question is how will they handle it since he is a minor? I heard something about placing any compensation into an account that can't be touched (until he is 18 I assume?)

    I don't really want to go to court over this and neither does my son - he feels like he is betraying the friend in some way. I do believe he deserves compensation though..

    I guess I am looking for any general helpful info or suggestions.
    Hello Mom:

    You want your cake and you want to eat it too... If only life worked that way.

    You have TWO options, and ONLY two. There's NO in between.. Either you seek compensation, or you don't.

    Now, you don't have to be MEAN about seeking compensation, but it's either seek it, or pay yourself. Given that his injuries are as yet undetermined, it COULD be an expensive journey.

    However, you've left out a crucial bit of information.. Was the driver insured?? If so, that's exactly WHY he IS insured, and it won't cost HIM a nickel. So, your son might feel better about it... I don't know.. But, if he's NOT insured, he's going to be responsible for the bills himself. That ain't good, but it's better than YOU being responsible for them, no??

    Then you talked about compensation, but you need some clarification there too. If you sue for the bills, then there's not going to be anything left over for the future. You're also making an assumption that, (1) you'd WIN a lawsuit, and (2) that you'd be granted compensation for pain and suffering... Those aren't assumptions I would make. In fact, some states disallow claims for pain and suffering.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jun 18, 2011, 05:05 PM

    You make a claim against the driver, this may require you to file a law suit against them, if often takes that before you reach a settlement

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Auto vs bus accident leaves injured without case or claim. [ 28 Answers ]

On November 9th, 2010, my daughter borrowed my Xterra so that she and my son-in-law could take some firewood to his mother around the block. It was near dusk, half light, when she pulled out of our driveway onto the highway, right in front of a truck with no headlights on. They were broadsided, the...

Pain and suffering settlement auto accident [ 10 Answers ]

My fiancé was in an accident. He was driving a tractor/trailer, and a minivan hit the passenger side fuel tanks. The driver of the mini van admitted fault, and there was a whitness also saying that the driver of the van was at fault. My fiancé was off work from 9/24/09 to 1/6/10. Not only did he...

Small claims in IL for accident-can I sue for pain and suffering and how much? [ 3 Answers ]

I was in an accident almost 2 years ago and got hit head on by a drunk driver. Hurt my wrist and was out of work for 2 months. He refuses to pay for my lost wages and I want them back. I was wondering if I can also sue for pain and suffering and for how much?

Injured Puppy - too little for pain meds? [ 3 Answers ]

My puppy is only 3.8 pounds and 16 weeks old (small breed). She just broke her elbow. The vet's office did not want to prescribe pain meds because of her size. She is currently in a splint for the next 4 weeks. Does anyone have any tips for helping her with the pain? I'm also concerned that,...

Auto Accident - Pain & Suffering [ 3 Answers ]

Situation has been resolved. Thank you!


View more questions Search