QuestionHi, my question 1 week ago my dauhter and i were at the market, and she was standing up againt the bumper of our ford explorer. i hae 4 children we were all there unloading the cart. the man park behind us back out of his parking spot straight into our car and pinned my daughter against the bumper where she was standing, it was all very quick, we started yelling banging his windows to move forward, finally my older dughter 15yrs old pulled her out, my 7 year old was sirens to a childrens hospital, they did call a air medic but that wa taking longer, my 7 year old went to hospital my other 3 stayed at the seen with hubby that showed up minutes later, my 7 yr old is fine had some bruising, SORRY question is are any of the children or myself the mom capable for mental compensation, for seen our girl being smashed and rushed to hopital, she will be taken care off im sure but how about the rest of us, or me that the guilt of i should have done things differently, or the touht everyday that she could have died, the doctors said if the man woul have backed up a little more she would be dead or perolized, can someone tell me what we are entiled too if anything, thank you..................
AnswerHi Leesalin,
I am sorry to hear of your 7 year old's traumatic experience, and glad that her injuries are less severe than they could have been.
We are all traumatized when our child is seriously ill or injured.
Since you and the other children made no contact with the other vehicle and suffered no injuries, generally you are not entitled to any compensation.
If you or the other children are traumatized to the point of nightmares and have to seek physiatrist counseling, there is a remote chance you might receive some recovery.
You would need to consult with an Attorney regarding the laws in your home state. In my 46 years of experience, I have never seen a payment made under these conditions in California.
The main concern is the physical and mental recovery of your 7 year old.
She is certainly entitled to and will receive proper compensation for her physical and mental injuries. Under the 'tort' system of liability, 'proof' is based on expenses, just be sure that she gets the best quality of care available (which I know you are already doing).
Children are very resilient and they bounce back from physical injury and mental trauma much faster and better than adults. If your young child truly needs physiatrist care, be sure she receives it.
Past studies have shown that a child can suffer more damage from unnecessary physiatrist care than what they suffered from the original incident. Before putting her alone in a room with a stranger that is a physiatrist, be sure that it recommended by multiple care givers.
There is a statue of limitations within which you must settle injury claims before having to hire an Attorney and file suit, which would give you one more year or less. If you reside in Tennessee or Kentucky the time is 1 year. Most states allow 2. Seven states allow 3 years and 2-3 allow 4-6 years.
It will be at a point in the future before you can consider that amount of compensation dollar amount that your daughter deserves.
You should immediately start building 2 identical files that include each and every medical bill and your round trip mileage @ $0.43 per mile for future medical treatment.
I trust this information has been of help, you certainly will have more question as time goes by. Feel free to write me at any time.
Your feedback to my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-27-07 4:19 PM PST
