If someone ran over my son while riding his bike on his way home from school, what are my next steps?

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If someone ran over my son while riding his bike on his way home from school, what are my next steps?

It was an accident. I would like to sue. Where do I begin? There was a police report made.

Asked on October 11, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you son was, hopefully, not injured other than scared and bruised, and you did not suffer any significant medical costs, it's not worth suing--even when the other person is at fault, you can only recover or receive and amount of compensation (money) equivalent to the injury and costs.

If your son was hurt and/or injured significant medical costs, you should meet with an attorney about suing. Filing a personal injury lawsuit is not necessarily simple--you need, among other things, evidence of the injury, a way to put a value on the injury (pain and suffering), a way to predict and document any future medical costs (e.g. surgery and therapy) as well as documenting current costs, etc. It's best to let an attorney do this for you.


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