Legal Question in Personal Injury in Washington
Four year old pedestrian hit in crosswalk by 89 year old driver
About 7 months ago, our four year old daughter was crossing the street at a marked crosswalk with our babysitter. Three cars stopped on one side of the street so they began to cross. An 89 year old driver drove through at 25 miles per hour, flinging the babysitter and our daughter across the intersection. She was cited by the police. The babysitter had a sore shoulder for about a week. Our daughter was treated by paramedics for bumps, scrapes and bruises. She saw a doctor the next day and has no lasting physical injuries. She was really upset after that when we had to cross the street or a parking lot, so I took her to a counselor for 5 sessions of play therapy to reduce the anxiety of getting hit by a car again. I know that I don't have to settle until my daughter is 21 years old. I am concerned that she might need counseling again in the future. The adjuster offered us $1,200 and I said ''no''. Do you have any advice for us?
2 Answers from Attorneys
Re: Four year old pedestrian hit in crosswalk by 89 year old driver
You were probably correct in saying no, for the claim is probably worth more. And as you say, there may be future or hidden injuries of which you are now unaware. (I would be particularly concerned, for example, that there might be head trauma involved.
And while under most circumstances you would have until 21 to sue (as opposed to settle) there may be factors which create a shorter statute of limitations, such as location (eg, federal land).
In addition, proof of causation might be difficult if too much time elapses.
Re: Four year old pedestrian hit in crosswalk by 89 year old driver
I would be happy to talk to you about it in detail. You have a good liability case. You should continue to take your daughter to treatment despite the doctor stating there is no more which can be done.
Call me for a free consultation over the phone at 1 800 2828 4878.
Rob Kornfeld
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