Legal Question in Personal Injury in Ohio

What amount do I ask for my daugters injury?

My husband and my nine year old daughter were involved in an car accident and left a thin cartlidge in her throat badly bruised and will take a long while to heal. During all this aggrivation, my husband and I have become depressed because of all the trouble this insurance company has given us through the hardship. How do we come to a dollar amount on this claim? So far her doctor bill has only been $42.00 and I'm going to take her back to see if her throat is healing. She still complains that it hurts. The accident happened July 7,2001. I need some direction on how to go about dealing with this. Would it be worth getting an attorney? If we're not intitled to get much, then I guess we shoud try to settle ourselves.

Thank you,

--name removed--Schilling


Asked on 8/09/01, 10:03 am

2 Answers from Attorneys

Paul Kray Paul J. Kray, Attorney at Law, LLC

Re: What amount do I ask for my daugters injury?

You should definitely wait several months to a year before you even consider settling because it is hard to know the extent of your daughter's injury. Once you settle the claim there is no going back for more. An attorney can probably get you a better settlement even after attorneys fees. You must settle your husband's claim within two years of the date of injury or file suit. As for your daughter, you have up to two years after her 18th birthday to settle or file suit. Good luck. Call my office if you have any other questions. 330-225-1491.

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Answered on 8/12/01, 11:40 am
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: What amount do I ask for my daugters injury?

Since the injury is so recent, if I were you, I would wait a minimum of six months, preferably a year to make sure that the injuries are not serious. An attorney would probably be able to negotiate a better settlement than you would be able to negotiate on your own. Most attorneys do this type of work on a contingency fee basis, however, the client is always responsible for the expenses. Also, since your daughter is a minor, the insurance company may insist on the approval of the settlement by the Probate Court of the county in which you live. As for the dollar amount, that is dependent on the economic damages and the pain and suffering. Without looking at the information, I could not advise you as to dollar amount. If you have any further questions, please contact me.

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Answered on 8/09/01, 1:11 pm


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