If your child’s accident injury case settles and the injuries to your child have big long term consequences you will probably want the accident case to stay open forever.
The vast majority of settlements within my decades of personal injury experience settle one time and are not open to being revisited or supplemented as the years go by.
That is not generally the way settlements work, so what happens when a child’s accident case is settled and your severely accident disabled special needs child grows up with more of a need for help, rehabilitation, medical care than was anticipated?
This exact question why it is important to choose a highly experienced personal injury
attorney, and for that attorney to guide you through the considerations of several different experts needed to anticipate the future needs of your injured child.
A very serious car accident child injury case, for example, may require:
Doctors, Surgeons, to explain what the child will reasonably need in terms of future care, care frequency, possible complications, allowing for and including aging.
A psychologist or psychiatrist
A life-care planner – the life care planner may visit with you and may suggest changes to your home or apartment such as wheelchair ramps, lifts, specialized transportation. The life care planner will produce a list of the costs needed, and these costs will be part of the settlement negotiations.
A annuity planner.
A government benefits planner.
Depending upon the amount of money, the jurisdiction, laws and Judge, sometimes the Court will require a independent Guardian over the proceeds of the settlement, or maybe a Guardian you will work alongside of to make disbursements. Do not take it personally if this happens.
The Court cannot follow every parent around 24/7 to make sure they do not get hooked on drugs, have their own mental health or financial problems. The Court wants to make certain that money from the settlement will be prudently spent and properly safeguarded.
Most cases settle. Some settle early, some settle late.
Cases can settle before a lawsuit is filed. Or not.
Cases can settle in the middle of a jury trial.
Or not.
You cannot depend upon your case settling.
Some law firms do not go to trial. Ever.
The insurance companies know the difference.
