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What the highest my son that was 2 yrs old at the time get if he only been seen by the doctor once for pain and suffering?

Newark, CA |

I had got into an accident last year march 8 2012 I was rear ended and i had my son he was two years old at that time. He only been seen once by his doctor and the doctor said he may not have pain now but later in life he can have back problems. So i hired a lawyer because the other person insurance didn't want to pay for my medical expensive. So the lawyer got me chiropractor . I had bad pain from the accident neck and back pain. Anyways they recently offer me a settlement for my son case to get money for his pain and suffering and they only wanted to give me 125 for him. It took a whole year and 1 month to finally get a settlement. I asking if i can get more so they said okay he can get 415 but I am not happy with that. what the highest i can get for my son? his back starting to hurt

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Attorney answers 6


Your attorney is the person you need to ask. Since your attorney knows the details of your son's injury & the potential for any future medical care & disability, as an attorney, I would not try to second guess his/her decision.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


Its difficult to give a value on a case without knowing the details. I suggest having a sit down meeting with your lawyer and finding out why the offer is so low.


These are questions you need to ask of the lawyer that knows all the facts of your case. Keep in mind that if you really think you need to wait to see what happens with your son's back, you can withdraw your son's case and file it when he is older. Talk to your lawyer about this possibility.


I'm sorry that your son appears to be experiencing some back pain.

Insurance settlements are the subject of negotiations, you can ask for more if you want more but it may be that you won't get an additional offer, but sometimes if you push for more, you'll get it - you should discuss the case with your attorney as he or she is in the best position to know about your case.

If your son's claim is not settled, it won't be closed until he's an adult (18) + 2 years (in most states) so the adjuster may be motivated to offer a bit more just to close the claim.

Good luck.

This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.


If that's all that is being offered, you can have your lawyer take it to court instead of settling for a pittance.

Robert Andrew Michael Burns

Robert Andrew Michael Burns


Suit can be brought in Small Claims Court for up to $10,000.


Your post lacks clarity and completeness. I don't know why you clouded your son's case with your own vague case. I wonder if your son was properly in a proper car seat and who appears to be at fault in causing the collision and whether it was a low-impact one.

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