Legal Question in Personal Injury in California

Re: Auto Accident w/child

It probably would be better to have an attorney to maximize the value of the claim and protect your rights. Call 1-800-677-1010 for a free phone consultation. Keith Knochel, [email protected].

Re: Auto Accident w/child

If the child was injured than a claim should be made with the insurance company. If she does receive money from the insurance company for medical bills she must reimburse her health insurance company. The advantage of hiring an attorney is she is almost certainly going to receive more money and the health insurance company is required to reduce their bill by 25% to account for attorney's fees. An attorney will take the case on a contingency of 25% since your niece is a minor. Additionally, if the claim exceeds $5,000 a court has to approve the settlement which is called a Minor's Compromise. I have handled personal injury cases for over a decade and I would be happy to help. If you have any questions please feel free to call me at 805-546-9918 or 888-563-8529. The toll free number should work we have just had some problems with the phone company and we are in the process of changing providers. I look forward to speaking with you or your sister. If you do not call me please call someone or your niece may suffer in the future.

John Hayes, Esq.

Re: Auto Accident w/child

First, I find it interesting that the other two responses are advertisements for their services. This response is not. If the minor was injured in the accident, the minor may recover for medical bills and pain and suffering. However, sine the child can not enter into a binding agreement, normally any settlement over $5,000 requires the parent to file a Minor's Compromise in the Superior Court nearest to their house. The matter is heard in Probate Court and an attorney is helpful, but not always necessary. ALso, if a Minor's Compromise is necessary, all of the money MUST be placed into a court blocked account until the minor reached age 18. No money may be withdrawn without court approval.

Attorney's normally get a larger settlement from the insurance company that an individual can. Also, since this is a minor MOST courts limit the amount of attorney fees to a maximum of 25% of the settlement.

I hope this has answered your questions. Please feel free to contact me should you need any further assistance.

Re: Auto Accident w/child

The mother should first check with the child�s pediatrician and make sure that there are no continuing problems or risk of further problems. If there are, an attorney is probably needed. However, if the injuries are minor and her doctor says she is OK now, then she could probably get a much higher NET recovery by settling without an insurance company. Another option is to find out what the insurance company is offering before going to a lawyer and then tell the lawyer you will only pay him for what he can recover over and above what has already been offered.