Visitor Question

My 3 year old son was hit by an unlicensed, speeding driver…

Submitted By: A (USA)

Me and my two children (3 and 5 year olds) were getting out of a car on a one way street. My 3 year old son stood next to my car when a car that was speeding drove too close to us and hit my son. He has two broken bones in his left leg (fibula & tibia) and he required 2 surgeries. Now he has to go through physical therapy.

I feel so bad that my 3yr old son had to go through this awful ordeal and even had to spend his 4th birthday in a wheelchair. How much should I ask for his pain and suffering in this case? I think it should be high since he’s so young and because the driver had no license, but he does have auto insurance. Thanks for any tips you can give.

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 A,

The financial compensation for your son’s pain and suffering is primarily dependent upon the amount of his medical bills. Normally, personal injury settlement amounts are based on a multiple of a victim’s medical bills. The multiple is meant to reflect the victim’s pain and suffering. While not a scientific method, the multiple system has been used for many years by attorneys and insurance companies.

In most cases injured victims have medical bills, receipts for out of pocket expenses like medications, bandages, wheelchairs, etc., and lost wages may also be included.

While your son doesn’t have any lost wages, your lost wages for the time you may have had to take off from work to care for him should be included. Your son certainly has medical bills and out of pocket expenses.

Some injuries can be handled without the assistance of an attorney. Those injuries are usually minor and include sprains, contusions, and minor cuts and bruises. Your son’s injuries are much more serious. His interests would be best served by your retaining an experienced personal injury attorney.

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: July 6, 2013

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