If my son was in a minor car accident and missed a few games and days of school, what do you think he should be able to get for pain and suffering?

Asked on November 16, 2015 under Personal Injury, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Compensation for pain and suffering will be determined by the medical reports which document the nature and extent of your son's injury.  If he has residual complaints of pain or other problems due to the accident, that will increase his compensation for pain and suffering over someone who has fully recovered without any residual complaints.  Missing a few days of school and a few games unfortunately won't amount to much compensation.
Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount based on the medical reports documenting the nature and extent of the injury.
I would ask for quadruple the medical bills compensate for pain and suffering, but NOT expecting to get that.  This would be for negotiating purposes.  The at-fault party's insurance carrier will respond with a much lower offer and you can continue negotiating to seek additional compensation.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit on behalf of your son for negligence against the at-fault party.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son if he is a minor.
If the case is NOT settled with the at-fault party's insurance carrier, your son's lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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