I already signed realease and was paid for me can my kids qualify for there own claim and if I was pregnant and gave birth the baby had broken collar bone and other health scares can that be a cause of the accident I was 8 months pregnant can I link his issues to that I've read that it could be from getin hit and cause fetal trauma can I sue what are some of my options if I already settled just for my pain and suffering also could I sue my moms insurance she was driving has coverage state farm for anyone in the car
The children have their own claim for personal injury or pain and suffering. With regards to your baby, please contact and discuss with an attorney. The medical records need to be reviewed to determine if there were any injuries resulting from the accident.
You are all over the place. Any good counsel would have to know specifics-when, what did you sign that you refer to as a release, etc. Sit down with an attorney here in the IE.
Yes, each person (born or unborn) has a claim that must be separately released. Yours is likely done, but each of the passengers has their own claim. Minors have a much longer statute of limitations than adults to have their claim settled within, so you likely have plenty of time to successfully resolve those claims. The baby is a difficult claim and you will need the assistance of a doctor to help establish the claim. You should contact a good injury attorney in your area to help you with each of the childrens claims. Good luck.
Richard Todd RosensteinPersonal Injury LawyerGlendale, CA ·
The details and circumstances of the car accident and insurance policies should be reviewed by an attorney. All children or other passengers in the vehicle have their own potential claims against the liable party. If you did not sign any release agreements for the children, you should contact a local personal injury lawyer to the discuss the matter.
I agree with the general statements of counsel. I would like to add that in California there is a two year statute of limitations deadline for filing a complaint for personal injury. The statute begins to run from the date of your knowledge of a personal injury claim or the date of when you should have reasonably become aware of the personal injury claim - In your post you did not mention when the accident occurred or when you became aware that the hit could have caused injury to your then unborn child. Whether and if the "hit" caused any damage is something that will need to be addressed by a medical expert. Please consult with an attorney to ascertain the full nature and extent of your rights. Best of luck.
