How much should my 15 year old daughter get in her settlement?

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How much should my 15 year old daughter get in her settlement?

She was in a car accident and received minor injuries. The insurance company says that it can only give her $4000 and that includes medical bills, however they come to more than that. They said to give her more would be in an account until she turns 18.

Asked on June 20, 2018 under Personal Injury, Virginia

Answers:

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

Answered 3 years ago | Contributor

Your daughter should receive compensation for her medical bills which is straight reimbursement. She should also receive compensation for pain and suffering which is an amount in addition to the medical bills. The medical reports are used to determine compensation for pain and suffering.
When the settlement offer is inadequate, your only recourse is to file a lawsuit on behalf of your daughter against the at fault party for negligence. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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