QUESTION

Can if sue on my daughter's behalf if my daughter was hit by a car as she was crossing the street to get on the school bus?

Asked on Nov 14th, 2013 on Personal Injury - Oklahoma
More details to this question:
My daughter was crossing the street to get on the school bus. A 17 year old boy hit her and then continued on and then turned around and parked in the parking lot across the street. My daughter suffered a broken arm and a brain injury. She had surgery to repair her arm. 2 plates and 8 screws to fix the break. I want to sue the driver on her behalf. Would I also, as her mother, be able to sue on my behalf? Citations were issued days after the accident.
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20 ANSWERS

William M Stoddard
Yes. But you might want to wait to see how much injury there is, because she can present her own claim at 18 and the statute of limitation is lengthened.
Answered on Nov 19th, 2013 at 8:34 PM

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Ward Merdes
If this happened in Alaska, you need to contact a good Alaskan personal injury attorney ASAP. Huge issues are in play. Watch the Statute of Limitations. Very important. DO NOT delay.
Answered on Nov 18th, 2013 at 1:20 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If your daughter is under age you can sue as her guardian ad litem. Any good PI lawyer can do that for you.
Answered on Nov 18th, 2013 at 1:19 PM

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Personal Injury Attorney serving Milwaukee, WI
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How old is your daughter? Children under the age of 7 are presumed to have not been negligent in Wisconsin. Your daughter's case can be pursued. You are also allowed to sue, but your claim will be a relatively minor one when compared to your daughter's claim.
Answered on Nov 18th, 2013 at 1:19 PM

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Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Yes. If she is a minor, you would be able to pursue a claim on her behalf. It sounds as though her injuries are severe and as such, I would recommend speaking with an attorney to ensure that you are doing the right things to protect her rights and to ensure that you are able to recover the compensation that she deserves.
Answered on Nov 18th, 2013 at 1:19 PM

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Edwin K. Niles
You can sue as her mother (guardian ad litem), on her behalf. You should be getting a free conference with a P.I. lawyer.
Answered on Nov 18th, 2013 at 1:19 PM

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Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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You describe a very distressing accident - I hope your daughter is continuing to improve. To answer your questions - Yes, you have the right to bring a lawsuit on behalf of your daughter and on your own behalf. The determination of the value of a case is based upon two considerations - the question of liability, or who is responsible for the injury, and the question of damages. Liability depends on the specific facts of an accident or mistake, as a general rule the more clearly liability can be established, the stronger the claim. State statutes, regulatory rules and case law may all contribute to the determination of liability. In cases where there is no dispute as to fault, liability is admitted by the defense and the only question is the amount of the damages to be paid. Very few cases involve admitted liability. The defense lawyer typically argues that the risk of injury was assumed by the victim or that the negligence of the victim contributed to the cause of the accident. In the case of your daughter, it is probable that the defense will argue that your daughter was jay-walking or that she darted out. An experienced lawyer can protect your daughter from this type of attack. Damages are the losses and harm you have suffered valued in a dollar amount. Compensation is appropriate for both economic damages, such as medical expenses and loss of wages, and non-economic losses such as permanent impairment or loss of quality of life. Your daughter's damages include her physical injuries and the pain and suffering she has endured, any impact on her schoolwork, and any permanent physical impairment. For your daughter's case, the greatest element of damages may be the brain injury she has suffered. As her mother, you can seek compensation for you for your loss of income if you missed work to care for your daughter, all medical expenses you have incurred and any physical accommodations for which you have paid. Please note that in Colorado there is a three year statute of limitations for motor vehicle accidents, you must file your claim within three years of the accident or lose your right to do so. If the bus driver parked in a manner which increased the risk to your daughter, you may wish to consider a claim against the school. If your daughter attends is a public school, then you must also provide statutory notice of your intent to file a claim within 180 days of the negligent act as required by the Government Immunity Act. Other time limitations may apply.
Answered on Nov 18th, 2013 at 1:18 PM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
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You should immediately contact an attorney to handle this matter for you! I say that, because you need someone who can conduct an immediate investigation to determine if others may also be at fault. This is critical because it is unlikely that a 17 year old boy had sufficient insurance to covers such extensive injuries. Perhaps the school bus company if private or the local school if not private is partially responsible. I am not saying that they are, but you need to pursue all angles. You can and should sue on your daughter's behalf. These are significant injuries. You can sue for your out of pocket expenses on your own behalf. Our thoughts are with your daughter and your family at this very difficult time.
Answered on Nov 18th, 2013 at 1:18 PM

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NA richard@jandjlaw.com
Sure. Consult with a personal injury lawyer right away.
Answered on Nov 18th, 2013 at 1:17 PM

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Ronald A. Steinberg
Absolutely. Sue the driver AND the owner of the car. Get a lawyer NOW.
Answered on Nov 18th, 2013 at 1:17 PM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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Actions on behalf of minor children are brought through a Guardian Ad Litem, usually the parent. Note that many people, including attorneys, make the mistake that a settlement can be approved by the parent and the settlement money can be managed by the parent. Pursuant to SPR 98.16W, a Settlement Guardian ad Litem (SGAL) is appointed in settlement of every claim involving a minor as defined by RCW 11.88. To investigate and evaluate the offered settlement, the SGAL usually discusses and reviews records from the attorney, medical providers and guardians. Plaintiff's counsel is responsible for providing information to the SGAL which should include all relevant pleadings. Additionally, the SGAL usually requests, if not previously provided by counsel upon appointment to the case, the following information: o Health insurance and/or PIP information (if any) and detail on which expenses have been paid; o The status of the settlement negotiations; o Proposed settlement breakdown for the parties; o Complete contact information on all parties, their counsel, and the Claims Adjuster (defendant/insurance company); o Detailed information on the insurance policies involved, claim number, policy limits, etc.; o Detailed information on the damages, liens/subrogation, liability, litigation, defenses, etc.; o All relevant pleadings; o Police traffic collision report, if any; o Insurance adjuster report; o Damages research, if any; o Medical assessment and medical statement regarding prognosis and course of treatment, preferably by a licensed medical doctor (M.D.); o Mediation summary, if any; o Washington State Insurance Commissioner correspondence, if any; and o Retainer Agreement If the net value of the settlement is under $25,000, the money is typically deposited into a blocked bank account subject to withdrawal by order of the court when the minor reaches the age of 18. Larger amounts are typically held in trust for the minor with distribution and administration subject to court oversight. You should seek the help of a qualified attorney immediately.
Answered on Nov 18th, 2013 at 9:11 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, yes, you probably both have a cause of action given the severity of her injuries.
Answered on Nov 15th, 2013 at 4:05 PM

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Your daughter is a minor, so any suit on her behalf would have to be brought by a "guardian" appointed by the court. In some limited situations a parent will have a cause of action relating to injuries/death of a child.
Answered on Nov 15th, 2013 at 3:37 PM

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Monica Cecilia Castillo-Barraza
You could sue after being appointed Guardian Ad Litem. Please consult a local personal injury attorney.
Answered on Nov 15th, 2013 at 3:35 PM

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Car Accidents Attorney serving Warwick, RI
As parents we never want our kids to suffer any pain ever. You absolutely can sue on behalf of your daughter, in fact you would have to as a minor child cannot sue without a parent or guardian. You can also sue on behalf of yourself for the emotional pain that you have suffered as a result of your child's injuries. This will be a complicated case. You need to have a lawyer represent you and your child.
Answered on Nov 15th, 2013 at 3:31 PM

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Yes, you can sue on your daughter's behalf. You should contact the driver's insurance company first.
Answered on Nov 15th, 2013 at 3:30 PM

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James Eugene Hasser
Presuming your daughter is a minor, the only way for her to sue is through you or her father or guardian. You would have a claim for medical expenses for which you are liable.
Answered on Nov 15th, 2013 at 3:30 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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As a parent of two boys, I can only imagine the horrific stress and anxiety you have gone through. In order to protect your daughter, you will need to be appointed by the Court as the Guardian for your daughter. I know that sounds a bit strange because you are already her mom, but that is what the law requires in order for you to contract on her behalf. This sounds like a serious case and I strongly encourage you to retain an attorney that focuses on injuries to children.
Answered on Nov 15th, 2013 at 3:29 PM

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Personal Injury Attorney serving Salt Lake City, UT at William Enoch Andrews Injury Lawyer
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Yes, you can bring a claim against the at-fault driver on behalf of your child for the injuries your daughter has from being hit by a car while walking across the street. Contact an injury lawyer to discuss the case and to represent you for your daughter in the case.
Answered on Nov 15th, 2013 at 3:26 PM

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In addition to the citations served on the driver, there are civil repercussions to be resolved. Contact a bodily injury attorney to represent your daughter's interests and yours as the person responsible for her care and treatment. As your daughter is a minor, her pain and suffering award will go into court monitored trust until she comes of age, but other settlement funds will be paid to the medical providers and her counsel and case costs. You may also have a claim for lost wages, etc. but this is a matter to discuss directly with your selected counsel.
Answered on Nov 15th, 2013 at 3:23 PM

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