Car Accident-Sept 1998

[Dona54]

My 16 year old daughter was a passenger (in the back seat & wearing a seat belt)in a car that was hit by a man who pulled out in front of the car she was in. This man was sited. My daughter was thrown forward & then hit the left side of her temple on the car door. (Hard enough to cause the door trim to come off) The car she was in was totalled.She loss consciousness/memory at the scene of the accident & was transported to the local ER room.
To date, she has had severe headaches, tingling in her left arm & fingertips (off & on.) She was under the care of a Neurologist & has been released now. She still has a tubelar knot on her left temple.
She was experiencing "lock jaw" & popping in her jaw & went to see her dentist & has been told that she has TMJ. Her upper front teeth have slowly started to shift & will need braces to correct.
The insurance company & our attorney are getting ready to go to court in Jan. of this coming year.
What kind of damages can be expected in a case such as this? (Special,general,consequential,incidental?)And how can I be sure the damages will cover any future treatment(s)?
She has kept a headache "diary" and the popping/locking up of her jaw didn't show up till a week or two after the accident.And it wasn't till a few months later that we could see a noticable change in position of her teeth. What else might show up at later dates? She has been warned that the headaches & TMJ could be forever.
This happened in Arkansas

[This message has been edited by Dona54 (edited July 22, 2000).]

[This message has been edited by Dona54 (edited July 22, 2000).]

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Good evidence is key here: from the diary of pain and suffering to the past and present dental records (which show shifting of teeth).

You will hope to get special damages of medical bills, past and present. The present will be discounted to present value because it will hopefully be given in one lump sum. You will hope to get general damages of pain and suffering. I don't think incidentals apply here. Consequential are those related to the accident; direct damages are the medicals for examples.

I think you need to sit down with your attorney and go over every detail to make sure no bill has been overlooked/damages stemming from accident.

Hope this helps.