Legal Question in Personal Injury in Washington

Minor child injured in car accident

My daughter was injured in a car accident when she was 15 years old. In the accident she injured her neck and shoulders to the point that she could no longer play any sports and we began to homeschool her. Her Doctor said that she had an injury to the spine and the soft tissue and she will always have to be careful of what she does. She struggles with pain and stiffness off and on. She has turned 18 and is wanting to settle with the insurance company. Is she entitled to a settlement and will they compensate her for pain and suffering?


Asked on 2/07/03, 3:21 pm

3 Answers from Attorneys

Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: Minor child injured in car accident

Yes- They will compensate her for pain and suffering and more, e.g. medical bills, past and future.

If she is still having problems, this should be checked out so you can pinpoint the prognosis on her so you know what the future holds.

If you would like to talk about it further, at no charge or obligation, feel free to call me at 1 (800) 282-4878 or email me at [email protected]

Rob Kornfeld

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Answered on 2/07/03, 3:25 pm
Todd Peterson Peterson Law Offices, PC

Re: Minor child injured in car accident

You say your daughter has turned 18, so she is no longer a minor. She can approve a settlement without her parents approval. As for whether they will compensate her for the pain and suffering she has as a result of the car accident and the spine and soft tissue injury it caused, yes, she will be compensated if the fault is clear and there is insurance available, but she will be compensated less usually if she tries to settle herself without the help of an attorney; often up to ten times less even after attorney fees are taken out. A personal injury attorney, like me, works on a contingency basis, which means she gets excellent legal service with no upfront fees. The fees are paid out of the settlement if there is one, which it sounds like in her case there sould be, in fact a substantial one if she is still experiencing pain 3 years after the accident. There is a statute of limitations coming up, which means the other driver's insurance won't have to pay after a certain period of time, so it would be best to contact an attorney sooner than later. I represent accident victims exclusively all over Oregon and Washington State and would be happy to talk to her.

Todd Peterson

503-280-0888

toll free in OR and WA 1-877-908-1900

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Answered on 2/07/03, 3:49 pm
Sam Hochberg Sam Hochberg & Associates

Re: Minor child injured in car accident

The MOST important thing for your daughter to know is that she ought to get a free consultation from any good personal injury lawyer or law firm; preferably one that handles primarily personal injury. She should also do it quickly, since there are time deadlines approaching.

Your daughter should also know that by hiring a GOOD personal injury lawyer, it doesn't mean she is somehow out of control of what is to be done, and that she'll be effectively handcuffed to a railroad train straight into the courthouse! I've seen many people who had just that fear, and wanted to "JUST GET IT OVER WITH," as if somehow that would be better.

Fact is, the lawyer does the work, and most cases end up with a negotiated settlement without filing a lawsuit. And, the insurance companies (NOT our friends) will try to pay her 10 cents on the dollar if they can get away with it. THEY know that your daughter DOESN'T KNOW the value of the claim. And if she STARTS trying to negotiate on her own, it MAY make it that much more difficult for a lawyer to later get her a decent settlement.

So, good luck to her!

Sam Hochberg

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Answered on 2/09/03, 1:23 am


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