How can I be sure minor son is taken care of as result of injury in a car accident?
Son hit from behind and suffered head lacerations (25 stitches) and post concussion symptons. Truck totalled and he could not drive for 30 days following accident due to dizziness. Grades suffered for honor student who is graduating senior. I just want to make sure the insurance company pays the maximum amount to cover potential future problems. I have not retained an attorney yet.
Public Comments
- ~what are you waiting for....hire an lawyer!
- Hire a lawyer!
- The at-fault driver's insurance company will not pay what they should. They will try to cut you a check now and get it settled so that when future problems arise, it's too late. The chances of you getting pain and suffering or any kind of money for future problems is slim. The maximum amount available varies from policy to policy. They may not be required by law to inform you of that amount (this varies from state to state). Hopefully, aside from just liability coverage, the at-fault driver had medical coverage as well. Do not speak to the at-fault carrier and don't allow your son to do so either. They will try to twist what you say and make it your fault (slammed on the brakes, stopped suddenly, driving erratically, etc.). Do not give a recorded statement. Do not make any settlement agreements or sign anything (including medical releases) until your son's treatment is complete and he has reached maximum medical improvement. This will help any attorney you choose to hire when you decide to hire one. Personal injury attorneys work on a contingency fee basis, meaning you don't pay them unless you win. If your son is a minor in your state, you will have to act on his behalf. I would recommend speaking to one about your rights in your state before taking any action; you are not obligated to hire the first one you speak to.
- I would consult another doctor first, then consult a lawyer
- You can expect the insurance company to offer payment for the medical expenses immediately following the accident plus a little extra, that's it. If you want more, you can counter-offer and see what they say. If you still don't see what you feel is fair, than it's time to get a lawyer involved. * To receive more than the medical bills you paid, you'll need to prove that your son will be unable to live the life he had prior to the accident. Or you can try to prove that there is permanent damage that will remain chronic for many years. *Keep in mind that the at-fault driver's insurance has a liability limit. The driver's insurance company will only cover them to those limits and no more. If you require more, you'll have to sue the driver personally in court, unless you have uninsured/underinsured motorist coverage. Then your insurance will pay the remaining amount up to limits of your policy.
- You do not need a lawyer. You can see what the insurance company offers and then decide what to do. All you do when you hire a lawyer is give him 1/3 of your son's money. The first concern is: What are the other driver's limits of liability? The insurance company will not be able to pay more than the policy limits. Keep in contact with the adjuster about your son's medical bills. If the adjuster starts to think that their policy limits are not sufficient to cover your son's injuries - they will give you a heads up so that you can call your company and file an under-insured motorist claim against your own policy. As far as future goes - if the scar is on his face -see a plastic surgeon. Get a quote for scar revision surgery. You can submit this to the insurance company for consideration. If the scar is in his hair line - there really is no need for scar revision . If you are concerned about future medical bills - see if the insurance company will set up a medical revisionary trust. This is an account that sets a certain amount of money aside for future medical bills for a specific period of time. At the end of that time, if your son did not incur medical bills or any unused money - goes back to the insurance company. It's a really good way to set money aside for future medical bills. The insurance company can also set up a structured settlement. Instead of giving your son a lump sum (that he will probably blow on a car) - the company pays to over time. In the mean time, the structure grows and your son actually ends up getting more money. Both of these are really good options that your adjuster can discuss with you. If I had a minor child that was injured - I'd be looking at setting up one or both of these. There is no chart where I can tell you that stitches = X dollars. With out knowing more about your son's injuries and the policy limits involved - I can't give you specifics. The best thing to do - is let the adjuster know about your concerns. By having open/honest communication with the adjuster - you are more likely to get the claim resolved favorably. The insurance company will give consideration for the medical bills, lost wages, pain and suffering, scarring. The adjuster wants to give you a fair settlement. Sometimes folks disagree with me on what's fair - but in the end, we want to create a win win situation. Also - an injury is evaluated based on the injury. I don't offer more b/c an attorney is involved. If there is an attorney - thats just one more person that gets a piece of the same pie. Your claim is worth what it's worth. And your son has a real injury - it really is worth seeing what you and the adjuster can work out. If you just can't work with the adjuster - then you can always hire an attorney later. Also - most states require a minor settlement of any significant amount to be court approved. That means a judge has to sign off on it. A judge will refuse to approve the settlement if the do not think it is sufficient.
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