Visitor Question

Emotional Suffering of a Toddler After a Car Accident?

Submitted By: Karina (Schertz, TX U.S.A.)

My parents were looking after my daughter while I was in the hospital in labor with my son. They were driving home and took the back streets when a drunk driver hit them. Thankfully nobody died!

Ever since the accident my daughter has been having frequent nightmares, she had never had this problem before. My daughter will be 2 years old in about a month. She is really smart and I can tell she remembers, but unfortunately she can’t actually say what she’s dreaming about.

I’ve taken her to two doctors and both have told me there is nothing that can be done, therapy would be pointless because of how young she is.

So my question is: Can my daughter receive monetary compensation for her emotional suffering?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Karina,

Probably not. Monetary compensation is normally awarded upon the showing of damages.

Damages are predicated upon tangible proof, medical bills are usually the best tangible indicators of damages. Other forms of tangible proof are written medical diagnoses and prognoses and doctors’ testimony.

Although your daughters are real, without tangible proof of her injuries it will be very difficult to proceed against the driver and her insurance company.

If your daughter’s nightmares and other symptoms of her trauma persist you should seek the advice and treatment by some other doctors. Psychologists or Psychiatrists should be your first choice.

Your daughter may be suffering from Posttraumatic Stress Disorder. Left untreated the symptoms of the disorder can worsen over time.

Remember there is a Statute of Limitations in these types of cases. A Statute of Limitations is a specific time period in which a case can be settled, or lawsuit must be filed.

After that time victims lose their legal rights to sue. The Statute of Limitations for your daughters case is exactly 2 years from the date of her injuries.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 9, 2011

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