Legal Question in Personal Injury in California
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.
And 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
2 Answers from Attorneys
It's not true. A lawsuit can be filed on the minor's behalf up to two years beyond her 18th birthday. However, it could be settled now, too, if there are medical bills or has been pain & suffering. You might be shortchanging yourself if you accept the $500, depending on your medical bills, loss of income, damage to your vehicle, and your pain and suffering.
You need to think what the cost of future treatments are. You may settle the claim for yourself and the minor , but the big issue is if the minor needs future treatment. You may be able to establish this by expert opinion. We had a case of a minor and the biggest issue was the plastic surgery of the minor's face. Feel free to call us at 213.388.7070 for a free consultation and provide us with more details of the injuries
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