Visitor Question

What’s Compensation for my Daughter’s Injury in Car Crash?

Submitted By: Anonymous (Temecula, CA)

My daughter and I suffered injury in a car crash. We were hit by a car that ran a red light. We both ended up in the hospital where I had to hear my daughter crying out in pain while I was across the room hooked up to an EKG, unable to help her.

She had brain trauma and they had to transport her to a separate hospital to get the proper medical treatment. Every day I have to pass through the same intersection with her going to school. It is very traumatic.

I’m wondering if there’s any compensation for the pain of watching my daughter suffer as a result of this car crash?

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 Anonymous,

Unfortunately the State of California does not permit a 3rd person, even a person as close as a parent, from receiving compensation for the Pain and Suffering or Mental Anguish related to another family member.

Certainly your daughter should be able to recover compensation for her actual damages, pain and suffering and mental anguish.

If your daughter is a minor the parent would be assigned any proceeds from a settlement or court judgment. The Trustee/Guardian would hold the funds in trust for the benefit of the child.

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: March 15, 2011

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