Legal Question in Personal Injury in California

My 11 year old son and I were involved in a car accident. My car was totalled. I was taken by ambulance to the hospital. The other party was 100% at fault and was cited. The person at fault also has a poor record. This person also has minimal insurance: $15,000 per person medical with $30,000 total per accident. I have full coverage. I will be handling the claim myself. My question is How do I calculate emotional trauma for a child? Since the accident my son has been very afraid to ride in the car. My son had minor physical injuries and missed 10 days of school. Also my wife and 2 other children can upon the accident scene and were very traumitized. It was a block away from my home. Please advise as to these aggravating circumstances/emotional trauma issues and how to determine reasonable compensation. Your help is greatly appreciated.

Asked on 10/02/09, 4:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Determining the value of emotional trauma is guess work. One must look at various factors, including how a jury lin that locale might react. You have to go to an experienced personal injury attorney in the area of the accident, bringing your child wlith you so that the attorney can make a subjective evaluation, along with photos of the vehicle damage, medical reports, a detailed description of how the accident has effected him, and pay the attorney for an expert opinion and a letter to the insurance carrier once your child's condition is permanent and stationary. Most attorneys will not want to do this because they much rather get a percentage of the eventual recovery [normally with minors the fee is limited to 20%], but if you make it clear that you are firm on handling the matter yourself they might give in.

If your wife and/or other children heard the accident occur and knew it involved your son, or if they saw the accident happen,they could recover for their own emotional trauma. Their coming to the accident scene after it occurred is insufficient; afterall, in all accidents the parents eventually see the injuries to their child or even the post accident scene and if they could then collect for that there would be too great of an extension of liability and work load for the courts.

Answered on 10/02/09, 10:55 pm

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