Legal Question in Personal Injury in Texas

Children Injured In A Car Accident

My 2 children were riding with their father, my ex-husband, when they were hit head on by a truck traveling the wrong way on a divided highway. The person at fault has a $50,000 max policy. i was told the insurance will have to pay the max because the medical exp. far exceed that. also was told not to hire an attorney until after that happens because they would get 33% of the money i would get with or without them. I was told iI could sue after i got their part of the 50K so long as I don't sign anything saying I wouldn't. Is this correct? I also will have to deal with my ex-husbands insurance and I am not sure how to proceed with that. Help, I'm so confused.


Asked on 5/11/07, 9:16 pm

5 Answers from Attorneys

Roger Merrill Merrill & Associates

Re: Children Injured In A Car Accident

When the hospital bills exceed the available $, an attorney can sometimes help get the liens reduced and salvage some $ for himself and the client out of the settlement. Hospitals have 1st dibs on the $, so you really have nothing to lose if you hire a board certified personal injury lawyer, like myself, to help you with the liens and to find other sources of $, if any.

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Answered on 5/12/07, 6:16 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Children Injured In A Car Accident

Talk to a competent personal injury lawyer...some will work out a fair fee agreement..ie 10% if collected within 90 days or 180days...or on an hourly basis..like a $1000 retainer..then pay when collected..Most insurers require friendly lawsuits for children's benefits...and of course, you have your husband's insurance, probably your own if you have auto insurance..and never think defendant's have no assets other than insurance...A competent PI lawyer may get all done promptly..and work with you on the fee..

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Answered on 5/11/07, 9:26 pm

Re: Children Injured In A Car Accident

You've received excellent advice thus far, but I'd like to chime in as well. Many attorneys will work with you on the fee or waive part of the fee on the first $50k. You may have other coverages, or if there may be a commercial umbrella or other assets that you can go for. Also, attorneys can assist with the health care companies to reduce their liens, meaning more money in your child's pocket. Finally, if the children are minors, then the court may require a settlement such that the children do not get the money until they're adults. You will definately need counsel for this. I wouldn't do this on my own if I were you. As has been said before, most attorneys will visit with you initially for free to discuss your case. I strongly suggest you interview a few law offices, see which one makes you feel the most comfortable and go with that.

Good luck.

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Answered on 5/13/07, 10:38 am
Gregg Oberg Oberg Law Office

Re: Children Injured In A Car Accident

there may be other coverages available to your children that have not been discussed yet. You need to consult with a lawyer who specializes in this area of practice so you maximize the recovery for your children. Most attorneys, like myself, will consult with you for free initially. If I couldn't help you find more coverage, there certainly would not be a charge.

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Answered on 5/12/07, 10:39 am
Dan Street Street Law Firm

Re: Children Injured In A Car Accident

Generally you are required to sign a Release when you accept an insurance company settlement. Therefore, if you accept the $50,000.00 policy, you probably would not be allowed to "sue after you got their part of the 50K." You also are in danger of waiving any underinsured motorist coverage on your ex-husband's policy and your own policy if you settle without written permission from your carrier. You are treading through a minefield trying to do this on your own. Please hire a competent personal injury lawyer to help you with this. It will be money well-spent.

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Answered on 5/12/07, 1:44 pm


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