My 2 year old daughter involved in car accident...

Asked 7 months ago - Princeton, NJ

My child was involved in a major UM auto accident when she was 2 (head on and rolled several times). She was taken to emergency room and followed up with her MD immediately after the accident. Nothing major was physically found wrong with her at the time of the accident (she had cuts from her car seat in a head on collision that rolled). Soon after we started noticing her become overly sensitive to certain things. When she was 5, she was evaluated by an Occupational Therapist who diagnosed both sensory and auditory processing disorders for which she has been receiving ongoing treatment and soon needs to see a Neurologist. When she was 4 the insurance co offered to settle, but no agrment was reached. Can her current medical condition be connected to the accident several years prior?

Attorney answers (11)

  1. Robert W Rubinstein

    Contributor Level 11

    9

    Lawyers agree

    Answered . The issue of whether the present conditions are causally related to the accident is something that your daughter's doctors will have to determine. It certainly seems that there is a causal connection. Your attorney, if you have one, will discuss the matter with the treating doctors and hire an expert if necessary to address the causal connection. Assuming you have a typical auto insurance policy, your auto insurance should be paying the medical bills. I suggest that you contact an attorney in your area ( I am in Hamilton) to discuss the matter in further detail. Good luck.

    This response is NOT legal advice and does NOT create an attorney-client relationship. For more information on our... more
  2. David Ian Schoen

    Pro

    Contributor Level 20

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    Answered . Possibly. You need to consult with an experienced NJ personal injury attorney ASAP. He/she can speak with your treating doctors and determine if there is a sufficient basis to make such a claim.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  3. Raymond Andrew Grimes

    Pro

    Contributor Level 17

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    Answered . Yes. Either her treating doctors, or experts that can be hired to examine her and review her records, need to connect the injuries to the accident. It is always better if it is her treating doctors, but some doctors do not go to court to testify. There are top notch doctors out there, especially in Princeton, that can help in the litigation if need be. The statute of limitations does not run until her 20th birthday so there is plenty of time to have her properly evaluated and diagnosed. An attorney can assist in this process and then be fully aware of all of the facts as they transpire, regardless of when suit is filed.

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  4. Jonathan D. Singer

    Contributor Level 8

    8

    Lawyers agree

    Answered . That is a question the doctors would have to answer. However, if the doctors can make the connection b/w the accident and her processing disorders, she has two years until after she attains majority to file suit. That being said, the more time that transpires, the harder it will be for her to prove her case. Speak to an attorney ASAP.

  5. Patrick X Amoresano

    Pro

    Contributor Level 13

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    Answered . That is a distinct possibility since symptoms of traumatic brain injury do not always manifest themselves in small children right away. Its common for symptoms to show during later stages of development. What you should do right now, in addition to seeking the best medical attention, is call for a free consultation with an experienced New Jersey Personal Injury attorney so that steps can be taken to protect and advances your daughter's legal rights. Below are links to articles which may aid you in the attorney search and selection process. Would you be willing to provide more details concerning your daughters symptoms and condition?

  6. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    8

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    Answered . Yes, your daughter's condition may be caused from the crash. She may have suffered head injury. You need to obtain a free consult with a personal injury attorney from your City. Your daughter's old records need to be obtained and reviewed by medical specialists and a good attorney. Find a lawyer on Avvo.com.

  7. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . This is a matter for your daughter's doctor and the lawyer you retained to address.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Lidia L. Alperovich

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Only a medical expert can answer this questions.

  9. Michael F. Hupy

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . You are asking the right question. In order for your daughter to recover damages for the injuries you describe her medical condition must be connected to the accident. In other words, her medical condition must have been caused by the accident. You should speak with her primary care doctor, neurologist and any other doctor she is seeing, or has seen since the accident, to determine if her injuries could've been caused by the accident. You should also speak with a local personal injury lawyer about protecting her rights as soon as possible. I wish your daughter the best of luck with her recovery.

  10. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Anything may be possible.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. The Guides can be accessed through my profile page on Avvo.com..

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to... more
  11. L. Vincent Ramunno Jr.

    Pro

    Contributor Level 15

    Answered . Based on your post, you/ your daughter should consult a new jersey lawyer asap, at once, there sounds like this is a serious injury, sooner lawyer retained, sooner your daughter s rights will be protected

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