bodily injury claim of minor

by shelley
(falls city neb.)

my 15 year old daughter was involved in a auto accident, she was a back seat passenger, and was sitting on the side where the other car hit them.

A couple hours after the accident she complained of a back ache...to tell you it was a very long night, the complaining got to where it was crying, couldn't get comfortable, did heat and ice through the night...the next day it was no better so I took her to the doctors where they did an x-ray...said that she was having spasms...but her on a muscle relaxer...and at home exercises...

She is doing better...but at 15 and to have back problems is my concern...the insurance adjuster called today to update me on what was taking place she wants to me figure out what i feel is worth the bodily injury and will be calling back in a few days. I really have no clue!!!! can you help me in trying to figure this out.


Answer

We are sorry to hear this. We hope your daughter feels better and she is completly recovered.

Putting your finger in a value for an injury is difficult. To be honest with you, we believe adjusters, and attorneys, and judges have not clue either. We don't. It is very subjective.

The process for bodily injury settlements is usually to look at the actual injury. How much damage was there to nerves, bones, muscles, etc? Most of the time patients get back to the point they were before. The theory is that kids and minors tend to do this faster.

The concern however is that your daughter is still growing up and what if this might affect her development. You will not find this out until the future.

It is hard to say exactly what a good value will be without knowing all the details (doctors visits, medication, and the type of injury), a good rule of thumb (not a law or a regulation but only a guidance) is to look at the medical bills and try to get that amount or more. The insurance company will try to give you less.

In your case, your daughter is a minor. This is important because the settlement or release is not really effective. She will have 4 years AFTER she turns 18 to reopen the claim, so until she is 22. The controlling statute is Neb. Rev. Stat. § 25-201 et. seq.

So if you settle, the your daughter could the the money and still have the possibility to open a claim until she turns 22.


Good Luck,


Hector.