What to do if my child was injured 6 months ago while riding with an acquaintance?

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What to do if my child was injured 6 months ago while riding with an acquaintance?

She had a whiplash and could not participate on the swim team even, because she was hurting bad from the accident. They were hit hard by another car in the back of them. The person was not paying attention. I just discovered that the other people filed a lasuit against the person, and they have insurance. I don’t know what to do. Should I have my kid added somehow to their court matter or should I get my own lawyer and sue? I just don’t know what to do.

Asked on February 21, 2013 under Personal Injury, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your daughter suffered injuries that required medical attention or could possibly require medical attention later (which is not uncommon in whiplash-soft tissue injuries), then you should consult with a person injury attorney.  It helps that the other people have already filed a suit, but their attorney's job is going to be to look out for their interests, not your child's.  I'm not saying that you have to file a claim or a suit, but that you should at least arrange a consultation with a couple of personal injury attorneys to get a better feel of what your options are and the potential success of each option.  You need to do this now because in a couple of years the statute of limitations will have run which could also limit restitution options for your child.  If there is a possibility that these injuries are mid-term or long-term, the claim could influence her access to additional medical care or treatment.

Many personal injury attorneys now offer free consultations.  Take advantage of these free consultations to find the lawyer that you are comfortable with and understands what you need for your child.  Prior to any meetings, pull together any of your child's medical records (or what you have of them) and a copy of the offense/traffic report (the other people may be willing to make a copy for you).  If you have some specifics to show them, the attorney will have an easier time providing you a more concise recommendation.


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