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Mother And Child Injured On Way To School Function

Mother And Child Injured On Way To School Function

Posted By The Dunnion Law Firm || 21-Jun-2013

A 32 year old working mother was injured along with her 11 year old daughter as the result of a motor vehicle accident in Merced County California. The daughter had been badgering her mother, who had returned home from work tired, to take her to a math club function at her middle school. The mother, although exhausted, acquiesced and agreed to drive her daughter to the school. As they were proceeding down Winton Way just past Crawford Street a woman in a 1997 Chevrolet sped out from a parking lot. The Chevrolet plowed into the side of the family’s Chevrolet Tahoe SUV with such force that it turned over onto it’s passenger side. The 11 year old’s arm flew out the window and was trapped beneath the over turned SUV. The mother was in shock and horrified, but other than bruises was unharmed. Her daughter’s right arm was fractured at the wrist. The police came and were able to locate the driver of the 1997 Chevrolet who was attempting to leave the scene. Paramedics were called for the child, her mother though bruised, declined transport or any medical treatment. Not knowing what to do, the woman called her husband who met them at the hospital. After examination at the local hospital emergency room the daughter was placed in an air ambulance and sent by Medi-Flight to UC Davis medical center where she under went surgical repair of her arm. The victim’s husband called the Dunnion Law Firm who dispatched an attorney to the hospital. There the attorney , to the great relief of the family, agreed to represent them. They were grateful as now they could focus on the care of the child confident that the DLF attorney would handle the legal matters. The Dunnion Law Firm attorney immediately consulted with the doctors, the police and various experts. The hit and run driver was found to have an insurance policy of $100,000.00 and the evidence was presented to the insurance carrier demanding tender of the full amount to compensate the mother. After negotiations, the insurance company complied with the demand and paid the woman the full $100,000.00 notwithstanding the fact that she was not seriously injured in any way. The compelling argument presented by the Dunnion Law Firm attorney was that she deserved the money for emotional distress from witnessing her child’s injury. This was a difficult and unique settlement in that the mother did not seek any treatment for emotional injury and had in fact only sustained minor soft tissue injuries with virtually no medical evidence to support the claim. She was very pleased with the result and said they would use the money to move to a home suitable for the family and befitting the child. The 11 year old is still treating for her wrist injury and that matter, also handled by The Dunnion Law Firm, is pending before the Superior Court.

Categories: Auto Accident