Question about rear ended claims...

by Anonymous

My pregnant daughter and her 4 year old son were passengers in a car which was rear ended. They both went to the hospital. She miscarried the next day.

They did not receive any compensation for the accident but the girl who they were with received $17,000 because there was a child in the car. Why didn't my daughter and grandson receive any compensation? They were the ones injured.

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ANSWER for "Question about rear ended claims...":

That is certainly quite interesting because at or about the time of the collision your daughter had a right to file a claim or a lawsuit on her son’s behalf (as well as her own) against the "at-fault" driver who collided into the rear of the car in which she and her 4 year old son were passengers.

Because your son was a minor at the time of the collision your daughter will be the person responsible for representing his best interests during the claim or lawsuit.

In the State of Texas if an injured party decides to seek compensation against an “at fault” party for injuries caused by that party the law requires the injured to either settle the case or file a lawsuit within two years from the date of the injury. That 2 year period is referred to as the “Statute of Limitations” period.

At the expiration of 2 years from the date of the collision your daughter and her son will be barred from legal action against the at-fault party.

It's difficult for us to know why you and your son did not receive compensation for your injuries, especially as the other passenger received $17,000 dollars.

What we do know is if 2 years from the date of the collision has not yet passed you may still have a right to litigate against the at-fault driver of the car which collided with the car in which you and your son were passengers, AND you still have the same right to file suit and litigate against the driver of the car in which you and your son were passengers.

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

Best of luck,

Judge Calisi

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