Legal Question in Personal Injury in California
Can a accident/injury lawyer or paralegal help me out? The insurance company of the driver who was at fault (they crashed into me) said that they don't have to pay out for medical expenses for a minor (my 13 month old) that was in the accident and that she has to wait until the age of 20 to receive compensation for possible injuries. Is this true or not? We are in the state of California.
Also, how much do they owe me for medical expenses? No one was seriously hurt but we did incur medical expenses for the e-room and possible a chrio for me. They are issuing $500 for me but none for my infant. - edit
3 Answers from Attorneys
I think you probably misunderstood them because what you state they said in nonnsense. If you child was in the vehicle, they are entitled to any reasonable health care benefits incurred or paid. There is no time limit before medical treatment starts to count. A guardian ad litem [usually one of the parents] must be appointed in order to receive the funds for the minor and to settle the case on their behave. Unlike you, as an adult, who must sue within 2 years of the date of the accident, a minor who has not had a guardian appointed has two years after they turn 18 to sue [the 20 years you are talking about].
The insurance company makes a settlement offer to you; you can reject it and demand more. Normally they will offer somewhat less than the objective value of the case.
Sounds to me like the insurance company is playing you for a fool because you are not represented by a lawyer. If you have substantial medical expenses you can become a guardian ad litum and have the right to collect expenses incurred for your child.
Why would you try to handle a P.I. case on your own. 99.99% of the time, a P.I. attorney will get you more money than you would have received on your own.
Check out my website at www.automobile-accident.net or you may call me for a free consultation at 800-816-1529 ext. 1.