Legal Question in Personal Injury in New Mexico
Is it true that a 16 year old is not entitled to pain and suffering damages?
My 16-year old daughter was rear ended while waiting to make a left turn. The other driver was clearly at fault and was cited for following too closely. Their insurance has already paid for the damages to the car, but my child is seeing a chiropractor for whip lash. I'm told by the other insurance that they while they will probably pay for her medical expenses they won't pay for pain and suffering as she is under age 18. This seems unfair. She is still a human being who has suffered pain. We (her parents) only want what is fair and are not asking for additional expenses covered at this time, but my child has had headaches, neckaches and dizziness from the accident!
2 Answers from Attorneys
Re: Is it true that a 16 year old is not entitled to pain and suffering damages?
Absolutely not! The law does not state that children are not entitled to pain and suffering damages, just for the reason that you stated. Please be careful when dealing with dishonest insurance adjustors. I'd be glad to give you more advice. Just call me at 888-4409 in Albuquerque. If you miss me, leave a message, which I will return within one day.
Re: Is it true that a 16 year old is not entitled to pain and suffering damages?
No. This is not true. I believe that you are about to be victimized by an unethical insurance adjuster. Everyone is entitled to pain and suffering as a measure of damages for personal injury regardless of age. The insurance adjuster that you are dealing with may be saying that no damages for pain and suffering will be paid because your daughter's medical expenses and treatment are chiropractic instead of conventional medicine. Unfortunately that is a common stance for insurance companies to take in settling claims in New Mexico. If you have other questions or concerns in this situation, please feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
