QUESTION
What can I do if I am a 16-year-old in a car accident where the car was totaled and damages are permanent?
Asked on Aug 29th, 2013 on Personal Injury - Michigan
More details to this question:
I am 16 years old and was in a car accident. The car was totaled and I am still in pain. I had therapy for 12 visits better but not great and probably never will be. I was a dancer and my back hurts every time I try to do anything. Can my settlement be based on the long-term affect of my injuries that I have sustained?
19 ANSWERS
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Yes it can.
Answered on Sep 09th, 2013 at 3:42 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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Yes. Your settlement needs to compensate you for your past medical bills and pain and suffering and any future medical bills and future pain and suffering. Because you are a minor you have 5 years after your 18th birthday to file suit in Missouri.
Answered on Sep 09th, 2013 at 3:42 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Yes it can if your MD says your injuries are permanent.
Answered on Sep 09th, 2013 at 3:42 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, and under Florida law you are required to have suffered a permanent injury or a permanent impairment before you can recover for non-economic damages.
Answered on Sep 09th, 2013 at 3:42 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You should get a statement from your physician regarding his prognosis. Does he believe you will have problems for the rest of your life? Your doctor's opinion will be the strongest evidence of your future pain.
Answered on Sep 09th, 2013 at 3:42 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You should immediately retain the assistance of counsel.
Answered on Sep 09th, 2013 at 3:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You settlement can and should be based on the long-term effect. You might want to consider retaining an attorney. If you continue to represent yourself, the first thing you need to do is find out how much insurance coverage is available. You may be limited to this amount. The first place to look is to get the declarations page (coverage limits) for the vehicle you were driving and see if it has underinsured motorist coverage (under insured, not uninsured). This would be coverage that covers your injuries above and beyond the liability coverage for the at fault driver.
Answered on Sep 09th, 2013 at 3:42 PM
NA richard@jandjlaw.com
Yes, future disability is an element of damages. You'll need a written doctors report rating impairment and setting out your physical limitations. You may need a vocational eval and an economist. Hopefully there is enough liability and underinsured motorist coverage available.
Answered on Sep 09th, 2013 at 3:42 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, the long-term impact of your injuries is an important part of the value of a case, and needs to be evaluated, documented, and compensated. As you are a minor (under 18) your parent(s) or guardian(s) will need to be involved on your behalf. Contact an injury lawyer for a free consultation to discuss your case value and procedure.
Answered on Sep 09th, 2013 at 3:42 PM
Assuming you have another party at fault and your bills are over $2000, you can make a claim for pain and suffering. This would certainly include permanent effects that you talk about. However, it is not enough to just say you are permanently disabled. You will need a medical opinion stating so. In addition, it is helpful if you have tests (CT Scan, MRI, etc.) showing objective findings. It is not always so easy to show permanency from just a strain or sprain.
Answered on Sep 09th, 2013 at 3:42 PM
4 Awards
Yes they can. You are entitled to present and future medical expenses, pain and suffering, disability and possibly other areas of compensation depending on the facts. You should contact an injury attorney to sucks your case n detail.
Answered on Sep 09th, 2013 at 3:42 PM
Thomas Edward Gates
That is one element that is considered. But, since you are not a professional or working in the industry, it is unlikely you can claim loss of future income.
Answered on Sep 09th, 2013 at 3:41 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you receive No Fault Benefits (PIP) from your own insurer. They consist of wage loss if applicable, medical expenses (which means you may get whatever testing and treatment your doctors recommend and you are not limited to 12 visits of pt) and replacement services. You may have a 3rd party claim if there is an at fault driver who caused the crash and/or you were less than 50% at fault for the crash; however, you will need to show that you suffered a serious impairment of a body function that affects your ability to live your normal life. Certainly future pain and medical problems are part of proving your case and are compensable if you are able to prove same by a preponderance of the evidence.
Answered on Sep 09th, 2013 at 3:41 PM
Wills / Living Wills Attorney serving Baton Rouge, LA
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Modica, Dowden & Sledge, LC
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Yes. Your settlement or award will be base on the long term effects that your injuries may have, along with the dollar amount of the medical bills, the number of treatments from physical therapists, Doctor visit, etc., any residual physical or mental impact that the accident had on your personal and/or professional life, your future pain and suffering.
Answered on Sep 09th, 2013 at 3:41 PM
Yes, the settlement would take into account the long term effects of our injury. You should consider whether you need to hire an attorney to represent you as you are not familiar with the law and what you might be entitled to.
Answered on Sep 09th, 2013 at 3:41 PM
The short answer is yes, but 12 visits won't be enough to demonstrate a serious injury. If still in pain, you should keep seeing a doctor. Also, at 16 the action would have to be brought by a parent on behalf of the child.
Answered on Sep 09th, 2013 at 3:41 PM
Rex A. Ziebarth
Depending on who was at fault in the accident you may be able to file a lawsuit.
Answered on Sep 09th, 2013 at 3:41 PM
Ronald A. Steinberg
The value of your case depends on what damages you can prove to the jury.
Answered on Sep 09th, 2013 at 3:41 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you have serious or permanent injury (hope you don't) going to a physical therapist or chiropractor for 12 visits wont do the job. Everybody with a minor Injury does exactly that and insurance companies are not impressed. You need the assistance of a good PI attorney who will send you to the right specialists and get proper written opinions to get the insurance company's attention.
Answered on Sep 09th, 2013 at 3:41 PM