Hopefully you had your child checked out by a physician. It is for the physicians to determine the extent of any injury he may have had from the wreck and whether they are permanent.
If the wreck caused your child injury, he has a potential claim for his pain and suffering and any permanent injury he may have. You may also have a claim not only for any injury you suffered, but also for any medical expense incurred on behalf of your minor child.
You should contact an experienced personal injury attorney to discuss your questions further.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
Good advice given so far by others. As a NC lawyer, I would recommend that you have your son checked out by a qualified doctor. Depending on the extent of the head injury, a pediatrician may not be enough, and you may want to consider getting an evaluation from a higher level specialist such as a neurologist or other brain injury specialist who is better suited to determine any long term effects. Brain injuries in children can be complicated medical cases, and you may end up needing to wait some additional time in consultation with his treating physicians to fully be able to appreciate any injuries.
In addition, talking with an experienced lawyer, particularly one who has extensive experience handling brain injury cases would be a good idea. A lawyer with this kind of experience can assist you in finding qualified and appropriate doctors to evaluate your son. Also, the lawyer will assist you in properly evaluating the risks and benefits of attempting to negotiate with the insurance company versus filing suit, and at what time those things are best done. Finally, in the overwhelming majority of cases involving children who are injured in North Carolina, any lawsuit or settlement will have to be approved by a court. Having a lawyer assist you in this process, is invaluable.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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