- You do not need to show the child injury attorney how smart you are, you need to have the attorney show you how smart they are. They will be working for you.
- When making a decision about whether or not to accept a money compensation settlement offer, not waiting long enough after your child’s serious injury to observe and understand the long term consequences. Look before you leap.
- Thinking that for all those years that you were a loyal customer of the same insurance company and paid your premiums on time, so they are really are looking out for you and will treat you and your child fairly when you make your claim. Get cynical.
- Comparing your case to another one that sounds exactly like it at a party or at the dinner table. There are big differences in settlement offers for very similar claims from different insurance carriers, with different policy limits, for different ages of people, etc.
- Thinking if your child’s injury case is a year past the accident that it is already old and should have been settled. These things take time, especially with a infant or toddler that has a serious injury. I would expect children’s serious accident claims to take longer than a adult’s.
- Doing lots of Internet research and thinking you have enough smarts to outsmart the lawyers, the legal system, the insurance company and the jury. That’s a lot of outsmarting. I have a better idea. Retain a highly qualified and ethical attorney who has experience and is a clear communicator. Make sure they are spending their time learning about you and your child, and understand the facts and circumstances of the case. If you are comfortable with them, then let them help guide your decisions.
- Ask for the difference between getting a identical amount from the jury as compared to accepting a settlement. Many times the math is very different and the bottom line is surprisingly different. Understanding these differences will probably help you to make a decision.
- Getting into major family squabbles that divide your home and cause a really good settlement offer to be rejected against the advices of the personal injury lawyer. Cool off and press restart, then make a calm decision. On the other hand, do not be pressured into taking what you feel is a unreasonably low offer without fair explanation and communication from your lawyer as to why this may or may not be in your child’s best interest.
- Big jury awards happen because the facts and evidence justify them and the jury was a fair one. You may have faith to have all your prayers answered but big jury award prayers are frankly a lot like lottery prayers. Either the facts, evidence, law and the jury all come together or they do not. The better option may be to keep faith but also listen to sage advice.
- Expecting that you will be in full and complete control of all money compensation from a multimillion dollar settlement. Most jurisdictions require a guardian to be appointed, and that the money must be spent carefully and accounted for. This is not something that you should take personally. The Court needs to know that it has safeguarded the child’s money against parents who may not be such good ones and cannot give you a lie detector test to figure out which kind of parent you are so these laws are meant for all parents. There may be some discretionary spending too, but it depends upon the Court and the laws.
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