Legal Question in Personal Injury in Missouri

son hit by car

My son was recently hit by a car when he was retreiving a ball that had rolled out into the road. A car popped up over the hill and when he ran to get out of the way another car from the other direction hit him. He is 14 years old. His step brother was with him at the time and saw the incident. His fathers insurance will pay for all the medical bills except $50. Does he have the right to sue for pain and suffering. There was no citation given and he told the police it was his fault, he didn't see the other car. I don't want to sue out of greed but am concerned about the outcome of his surgery and if he will be and how it could affected him down the road.

Asked on 6/20/08, 4:51 pm

2 Answers from Attorneys

James Manning James Manning, PC

Re: son hit by car

Thank you for your email. I would have to know more facts about your situation in order to give you any type of evaluation regarding your claim. If your son was injured by the vehicle(s) due to the negligence of the driver, your son may have a viable personal injury claim to pursue. This claim could potentially result in your son receiving an amount in excees of the medical bills which have been incurred. This amount could be for pain and suffering, future damages, punitive damages, etc.

You have every right to work your claim out directly with the insurance companies involved. However, it is important for you to know that the insurance company will most likely require that you sign a release of any and all future claims. Prior to signing this release, I recommend that you at least consult with an attorney to help you evaluate your claim and determine whether you are being provided with adequate compensation. An attorney will be happy to meet with you and help steer you in the right direction. Otherwise, you could end up waiving all of your future claims, receive less than adequate compensation and be in an undesirable situation in the future if additional related medical damages present themselves.

Please do not hesitate to contact me if you would like to discuss this matter and arrange for a consultation. I would be happy to help you and your son determine how to proceed.

- James

Please be advised that no attorney client relationship exists between us unless or until I have agreed to represent you in writing. The above information is for informational purposes only. The choice of a lawyer is an important choice and should not be based solely upon advertisement.

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Answered on 6/20/08, 8:17 pm

Adam Graves Bruer & Wooddell, P.C.

Re: son hit by car

Without going into the liability part of your question, you can sue not only for pain/suffering, but also for the medical bills.

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Answered on 6/23/08, 10:01 am

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