QUESTION

If my daughter was in a car accident what kind of compensation can I receive?

Asked on Oct 20th, 2014 on Personal Injury - Indiana
More details to this question:
My 3 1/2 y/old daughter was in a car accident last Saturday. She was riding with my best friend, when a car tried turning onto a side street and didn't make it. My friend hit the back of her car spinning it out of control into a ditch and my friend to the opposite side of the road. There are many witnesses to the accident stating the other car was at fault. My daughter was rushed to Riley Hospital, and there they revealed to us she had bruising on both side of her brain and a fractured pelvic bone on her right side. Her hospital stay was 5 days and she is recommended to have out-patient physical therapy to help with the injuries she has sustained. As of today there is no police report readily available (accident was 10-11-14) so the insurance company has not processed any information. I just wanted to know what kind of options I have in filing a claim/lawsuit/lost wages/pain and suffering. (She was in a high back booster seat which is NOT the correct seating for someone of her age and size. My friend’s insurance company did state that insurances now can spilt the liability if both parties are found at fault). I am also 8 months pregnant (high risk from the moment I became pregnant). 5 days after the accident I was being seen for a normal doctor’s appointment and was told I had actually began to dilate and was sent over to the high risk unit at the women's hospital and now I have to see a doctor 3 times a week to monitor me MORE closely until the end of my pregnancy and will begin non stress as of tomorrow. Is there any type of compensation I could receive as far pain and suffering/emotional distress? Please get back to me, I have been waiting to hear back from her insurance company and just want to know what options I have because I feel totally clueless and left in the dark about everything that is going on. Thank you.
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1 ANSWER

I am sorry to hear that you were involved in this accident. I hope she makes a quick and full recovery. Because of the severity of your daughter's injuries and the nature of the accident, I suggest you immediately consult with a personal injury specialist. You should ask a close friend, a relative or a trusted professional for a reference. You can expect that the insurance companies for the other car and for your best friend will point the finger at each other. However, one thing is for sure - your daughter was in no way at fault for the accident and should be fully and fairly compensated for all the losses and harm she has suffered. This includes medical bills, future medical bills, pain and suffering, any permanent injury, and the value of your time in caring for your daughter while she recovers from her injuries. Again, consult with a highly recommended personal injury specialist and all the legal issues should be taken care of.
Answered on Oct 21st, 2014 at 11:41 AM

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