Legal Question in Personal Injury in Ohio

Re: mva injuries

It sounds like you have an attorney who has a lot of experience with the handling of your type of case. I am not in position to advise you on your case or to tell you whether or not your current attorney is acting in your daughter�s best interests. Your attorney is the person with all of the necessary information and you should feel free to ask any questions that you have. In a situation like this, there are no stupid questions.

I have been representing seriously injured clients for more than 33 years and can give you some general information about your type of claim. Since your daughter is a minor, any settlement will have to be approved by the Probate Court. The parents are involved in that process and the Judge will want to know how you feel about the settlement. There are instances where small claims are allowed to go through without probate approval but cases that are for more than a couple of thousand dollars have to be approved by the court before the insurance company will pay.

The amount of insurance that a person carries is not �secret� information but insurance companies are reluctant to give out that information unless it is clear that the claim is going to be in excess of the limits. If a court case is file, the defendant is required to reveal insurance information.

The descriptions of your daughter�s injuries are best left up to the doctor. The insurance company usually requires a letter from the doctor describing the injury and indicating that in his or her opinion, the accident, more likely than not, caused the injury or aggravated a pre-existing condition.

There are time limits for accident claims. Those time limits are generally extended for minors. Your attorney will be able to let you know what those are for your case based on more information than you have provided. There may or may not be a legal reason to settle the claim quickly. From a practical standpoint, the longer a case drags out, the more out of pocket costs. If your attorney has determined the policy limits, is confident that there are no other insurance policies or defendants who can contribute to this claim, and that the defendant does not have any significant assets, then convincing the adjustor to pay the full policy limits may be all that can be done and there would be no reason to delay settlement.

I would not advise you to get another attorney. If you decide that you need to do so, feel free to give me a call and I will be happy to talk to you. There is no charge or obligation for a confidential call.