Can I sue for pain and suffering for my 5 yr old daughter after minor car accident?

Yes she is entitled to pain and suffering.

You may have a case, based upon the information that you have supplied.

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.

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!

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.