QUESTION
Can I sue for the minor scrapes and hospitalization on my kids?
Asked on Aug 18th, 2013 on Personal Injury - South Carolina
More details to this question:
My wife and 2 kids were crossing a pedestrian crosswalk when it was their right of way. A driver hit my baby's carriage and knock both my kids on the ground the ambulance came my 4 yr old was treated for minor cuts and my 3 month old stayed overnight at hospital. My 4 yr old is afraid of cars and afraid of going outside. Can I sue?
9 ANSWERS
It sounds like you can definitely sue for battery, and may also be able to sue for ancillary issues, such as emotional distress. It is best to speak with a personal injury law firm which offers free consultations to discuss the merits of you case, even if you ultimately decide against bringing suit or representing yourself.
Answered on Aug 22nd, 2013 at 2:49 PM
4 Awards
Sure. There were injuries, expense and your one child is still suffering.
Answered on Aug 20th, 2013 at 8:54 PM
James Eugene Hasser
Presuming your wife and kids had the right of way and didn't contribute to the accident or assume the risk of getting hit, then yes.
Answered on Aug 20th, 2013 at 8:20 PM
Ronald A. Steinberg
No, but your wife and kids (through an adult) can sue.
Answered on Aug 20th, 2013 at 8:11 PM
Thomas Edward Gates
You can file a claim against the driver's insurance carrier. If he had no insurance, you can sue. However, do not expect a lot of money since your damages are so low.
Answered on Aug 20th, 2013 at 7:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes you can but it may not be worth your trouble. Why don't you just see if you can get your medical bills paid and a little extra for your trouble.
Answered on Aug 20th, 2013 at 7:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, but there may not be a lot of money to recover. First thing you do is write a demand letter to the driver and ask for his or her insurance company to contact you regarding the accident. If you can get $5,000 over and above the medical costs, that will be nice in account for your children. Also, if you have insurance that covered expenses, they may need to be covered as well.
Answered on Aug 20th, 2013 at 3:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you would have to show "serious injury" as that term is defined by law e.g. death, fractures, scars, disability. Even if you could, it would not be worthwhile. The driver's no-fault insurance will cover the hospital bills and any other medical expenses.
Answered on Aug 20th, 2013 at 2:52 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue. Since the injuries were minor, the settlement or judgment you receive will likely by small
Answered on Aug 20th, 2013 at 2:43 PM