Spend a minute on this section it will be a good use of your time.
This is the broadest and most general overview of the process.
You either try to do it on your own or you hire a law firm. I think handling a truly serious child accident case on your own is not a good idea.
The personal injury law firm typically charges a legal fee based upon a percentage of the money compensation that is received, usually somewhere between 25% to 40% of the total settlement but in some States the legal fees may get calculated only after removing costs, or removing costs and medical expenses. Depends upon the State.
The Law Firm should move into rapid immediate action if the accident is fresh.
Preserving the evidence.
Getting the police report. Sometimes the report is not available for days to a week or even two depending upon the serious nature of the accident. If there is a potential homicide or criminal actions like drunk driving involved then the report may not be available due to ongoing criminal investigation.
If it is a slip and fall or car accident this usually means going to the scene with or without you, maybe having their investigator take pictures and measurements; speak to witnesses; get signed or recorded witness statements. No secret undercover work, just prompt and diligent work.
While all of this is going on the law firm contacts the insurance companies.
Tries to verify insurance coverages. This is easier to do in some States than others. In a few States the actual amount of insurance coverage the other driver negligent homeowner has may not be released to your attorney.
For child accidents and injuries in a car accident or a bicycle and car accident, sometimes your own insurance may provide extra coverage. This depends upon the State and whether or not you carried a particular kind or type of coverage typically called UIM or UM, which is the short way to say Uninsured or Underinsured Motorist Coverage.
All the medical records are assembled and sifted through carefully to look for inconsistencies, and the medical reports should at some point indicate whether or not your child’s medical treatment is finalized. The law firm typically takes some time to review these and should be totally familiar with the injuries and be able to explain to you what they understand and what they think they want to emphasize when it comes time to do the settlement demand letter or to go to Court if your child’s case has been unable to settle.
Your child’s accident injury is either serious enough to cause a settlement for all the policy limits available, or it becomes a issue for negotiations, settlement efforts or a lawsuit.
No two cases are truly identical and of course as you know to my law firm all children are unique. You need to feel comfortable with your selection of a child injury law firm.
Look into the attorney’s experience, ethics and reputation. Speak with the law firm and see if they have given you the time and attention to detail that you and your child deserves.
