New Mexico  |  Personal Injury

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1/23/02, 8:55 pm

Legal Question


Is it true that a 16 year old is not entitled to pain and suffering damages?

My 16-year old daughter was rear ended while waiting to make a left turn. The other driver was clearly at fault and was cited for following too closely. Their insurance has already paid for the damages to the car, but my child is seeing a chiropractor for whip lash. I'm told by the other insurance that they while they will probably pay for her medical expenses they won't pay for pain and suffering as she is under age 18. This seems unfair. She is still a human being who has suffered pain. We (her parents) only want what is fair and are not asking for additional expenses covered at this time, but my child has had headaches, neckaches and dizziness from the accident!


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