UPDATED: Oct 1, 2022
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My boys where passengers on a car accidentwhere car they where in is 20% at fault n the other 80% are we able to collect settlements from both they and both they have lower back pain and a chipped tooth.
Asked on September 18, 2017 under Accident Law, Washington
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your boys have personal injury claims against the driver of the car in which they were passengers and the driver of the other car in the accident. Each boy has a separate personal injury claim.
When each boy completes his medical/dental treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in medical/dental treatment where no further improvement is anticipated, obtain the medical/dental bills and medical/dental reports. I assume they are minors and therefore there is no wage loss claim. The medical/dental bills and medical/dental reports should be part of the claim filed with both at-fault drivers' insurance carriers.
Compensation for the medical/dental bills is straight reimbursement. The medical/dental reports document the injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical/dental bills.
If each boy's case is settled with the insurance carriers for both drivers, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence against both drivers. If the case has settled with one but not both drivers' insurance carriers, only name the driver with whom the case has not settled as a defendant in the lawsuit.
If your boys are minors, you will need to be appointed guardian ad litem to file a lawsuit on their behalf.
If the case is NOT settled, the lawsuit for negligence against the drivers must be filed prior to the expiration of the applicable statute of limitations or your boys will lose their rights in the matter forever.
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