Legal Question in Personal Injury in California

Re: how are personal injury damages calculated for a minor ?

She has until after her 18th birthday to settle her case, so there is no need to rush into settlement. The value is determined by the party that pays the check, or by a jury at trial. However, if she already received $20k, it seems odd they would pay anything without requiring a release of claims. If no release was signed, then the claim is still open. Also, a minor's claim settlement is supposed to be approved by the Court before acceptance. Sounds like you need an experienced attorney. Contact me if interested.

Re: how are personal injury damages calculated for a minor ?

For minor's claims, the guardian ad litem will represent them on their claims. The $20,000 you received may have already been part of that claim; you will need an attorney to review your paperwork to see if you still have a claim as to the minors.

We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the northern or southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.

Re: how are personal injury damages calculated for a minor ?

It sounds like you have already settled the claim and, unless the insurer's something lawyers did something wrong, there is probably no way to reopen it. A final settlement is a final settlement.

There are no special damages which are available to children and not to adults. There are some procedural issues involving the need for an adult to act on the minor's behalf, but the fact that you received some funds from the insurer suggests that this has already been taken care of.

Besides, the driver who is at fault has limits on his/her insurance policy and the insurer is not obligated to pay anything more than those limits. You had the option of refusing the settlement and trying to get more out of the driver's own assets, but this is usually a futile strategy since most drivers with low insurance limits don't have much money anyway. Besides, the settlement you negotiated with the insurer almost certainly included a general release for the driver, which would preclude any further action against him or her.

There may be something particular to your situation which would dictate a different result here, and I don't have the kind of detailed information I would need to be able to tell you whether there is or not. In most such cases, though, there is nothing more to be done.

I'm sorry I can't be more encouraging.

Re: how are personal injury damages calculated for a minor ?

first and foremost, i would like to offer you and your daughter my GREATEST condolences and sympathies for what you both must be going thru based on this accident. from the facts given so far, its hard to tell if you and/or your daughter have already reached a settlement, or what exactly is the insurance company paying out on in respect to your daughter's very valid claims. please email me more information regarding your daughter's case, settlements accepted or pending, as well as any and all information that might help me in understanding the full extent of your daughter's injuries and special damages. once i get that email from you with more specific details, i would consider it an honor to try to help you both legally any way possible. warmest regards.

Re: how are personal injury damages calculated for a minor ?

There is no formulas or calculations that can be applied to determine the value of a claim. There are more factors to consider in valuing a claim than can be listed here. Some factors that I take into account when valuing a claim are: the damage to the respective vehicles, what the photographs of the respective vehicles look like, how graphic are the photographs of the plaintiff�s injuries, is the plaintiff someone the jury is likely to like, is the defendant someone the jury is likely to not like, the impact that the injuries have had on my clients life, the dollar value of the medical services provided, the type of medical services provided (diagnostics vs. treatment, orthopaedist vs. chiropractor and etc.), the loss of income that has been suffered, the likely long term effects of the particular injury, the policy limits of the defendant, the under insured policy limits of my client�s, what jurisdiction the case would be tried in, was the defendant driver intoxicated, was the defendant driver cited, was the defendant driver in a company vehicle, the respective ages of the plaintiff and the defendant and so on and so on.

I strongly suggest that you consult with a very knowledgeable and experienced personal injury attorney that will go over your daughter�s claim with you and provide an evaluation. You can obtain his for free with most reputable law firms. Than you can make a determination, based upon the insurance company�s offer if it is better to settle with the insurance company directly or to retain an attorney. Besides, unless you are a very seasoned and knowledgeable negotiator, what real chance do you have against a professional negotiator with superior knowledge of getting a fair and proper settlement for your daughter.

Just a note about negotiating with the insurance company. I suggest requiring them to make you a settlement offer before you make a demand. After all, they handle thousands of cases and know much better than you what the case is worth. Keep in mind, they will expect you to negotiate hard with them. Their first number, in my 25 years of experience, is negotiable.

Good luck.

John Bisnar, Bisnar & Chase LLP, 800-956-0123

Re: how are personal injury damages calculated for a minor ?

You have not provided enough information to determine the value of the case. You should consult with an attorney to determine the value of the case. If you received $20,000, was this a full and final settlement that was approved by the court with a minor's compromise hearing? Did you sign any kind of release? If this is a permanent injury and can be documented as such, you should pursue it for more than the $20,000.

Re: how are personal injury damages calculated for a minor ?

The value of her case will depend on the nature and extent of her injuries. It is impossible to tell from your case the value since your injuries and damages may be either more or less significant.

Thus, in order to give an opinion as to value I would want to see her medical records and bills and speak with you and her.

Without these things I would just be guessing and then you would be unable to make an informed decision.

I would be happy to speak with you regarding this matter in a free initial consultation.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS (R)

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.donnerlaw.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

Re: how are personal injury damages calculated for a minor ?

Alot depends on whether you signed a release as the parent or whether you went to Court and a Judge approved the settlement of $20,000. If you have only signed a release, your daughter's case may still be reopened. But the statute would start to run on her 18th birthday and a lawsuit would have to be filed by the time she is 19. If a Judge approved the settlement, it's a done deal forever. Claims for minors are figured the same as adults--alot of criteria and variables go into it. If you are in Orange County, I would be glad to look over everything at no charge.

Sam Eagle 714-963-5123.

Re: how are personal injury damages calculated for a minor ?

It is hard to give an amount over the internet. You will have to have a face to face meetiing with an attorney. You should have representation for your daughter. Do not think you can save money by doing it yourself. You can't.