Legal Question in Personal Injury in Texas

Auto Accident
Hi - My 17 yr.old daughter was invloved in a auto accident 5/31/07 and severly injured her wrist and arm. She was rushed by EMS to a local ER, but required surgery four days later to correctly repair the fracture ( titanium plate and screws to stabiize the wrist and arm). The other driver was cited at the scene by local police who observed the accident. I am now told by both the other driver's insurance company and my insurance company, that this is a ''friendly suit'' and because it is a severe injury it will be over $2500 so to avoid going through the courts we should wait the 6 months until my daughter is 18 to settle the claim. Is this normal practice for insurance companies when a minor is involved (I'm told yes) and is there a set award for a broken arm that will require phy. therapy and leave her with scarring and a plate in her arm for life?

Asked on 7/02/07, 8:19 pm

4 Answers from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

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Re: Auto Accident

There is no such thing as a friendly suit when someone has been hurt due to someones negligence. Contact me personally and I can explain the complex litigation that can/may occur in these type of cases. 832.526.8830

Answered on 7/02/07, 10:23 pm

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Donald McLeaish McLeaish&Associates;, P.C.

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Re: Auto Accident

If you have a lawyer, you would know what the law provides. Your daughter had a severe injury and you should receive the maximum or more of the insurance for the person at fault and IF you had underinsured motorist coverage, your own insurance should help. If you don't have a lawyer, get one who is a member of Dallas or Texas Trial Lawyers. You have the obligation to pay for your daughters injury, the case should pay you for those cost...and if the case was settled before your daughter turns 18..your daughter may have money put in a trust..Call us if you want some help without costs..and we could tell you if you are being treated fairly..and it does not sound like you or your daughter are.

Answered on 7/02/07, 10:39 pm

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Re: Auto Accident

As others have mentioned, do NOT do this yourself. You will be doing your child a grave disservice. Most law firms (if not all) will happily visit with you about your case for no charge. I suggest you interview a few attorneys, see whom you like the best and hire them. If you are not represented, then you will likely not being getting the maximum value of the claim and your child wil be stuck.

To answer your question, when you have a substantial settlement involving a minor, you can file a "friendly suit" which is basically a proceeding in which the court will appoint an attorney ad litem to review the child's case and make a recommendation to the judge as to the fairness of the settlement. Your child should have her own attorney to ensure she is treated fairly.

Answered on 7/02/07, 11:29 pm

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