Legal Question in Personal Injury in Wisconsin

I would always recommend that you at least consult with an independent lawyer rather than a lawyer who works for the insurance company or who is being paid by them. PI (personal injury) lawyers rarely charge for initial consultations and will be eager to assist you if they believe that they can do better (then, the independent attorney would petition the court to become your guardian ad litem. It is also almost never in anyone's best interest to move too quickly in settling a personal injury claim, since the WI statute of limitations is three years after the date of the accident (or two years after the 18th birthday of the minor). If there were $8000 in medical bills, there were obviously some major medical concerns, and permanent injuries could possibly include slowly progressing degenerative conditions (like arthritis) which can take many years (even decades) to develop. If there is even a small probability of the presence of any permanent injury, the settlement offers which you mention are ridiculously low. At this point, it could simply be too soon to tell. My comments in this public web forum is intended for public educational purposes only and are not intended to create an attorney client relationship between us (although you are more than welcome to contact me directly and discuss possible arrangements to retain me).

I would always recommend that you at least consult with an independent lawyer rather than a lawyer who works for the insurance company or who is being paid by them. PI (personal injury) lawyers rarely charge for initial consultations and will be eager to assist you if they believe that they can do better (then, the independent attorney would petition the court to become your guardian ad litem. It is also almost never in anyone's best interest to move too quickly in settling a personal injury claim, since the WI statute of limitations is three years after the date of the accident (or two years after the 18th birthday of the minor). If there were $8000 in medical bills, there were obviously some major medical concerns, and permanent injuries could possibly include slowly progressing degenerative conditions (like arthritis) which can take many years (even decades) to develop. Post traumatic stress disorder and other psychological injuries can also persist for years are very expensive to treat. From what you are describing, your child certainly may be experiencing such problems and should be evaluated by a licensed psychologist or M.D. psychiatrist before you settle. If there is even a small probability of the presence of any permanent injury, the settlement offers which you mention are ridiculously low. At this point, it could simply be too soon to tell. My comments in this public web forum is intended for public educational purposes only and are not intended to create an attorney client relationship between us (although you are more than welcome to contact me directly and discuss possible arrangements to retain me).

You can hire an attorney to represent your kids, who may be able to have himself appointed as the Guardian ad Litem also, at no further cost to you. You can also pay for an "independent" Guardian ad Litem, independent from the attorney selected by the insurance company. They may agree to split the cost of the new GAL. The GAL's purpose is to investigate the case, discuss the issues with the parents and children, review the medical information, etc. and make an independent recommendation to the Court as to whether the settlement amount is in the best interests of the child and to approve of the disbursement of the monies. One thing to consider by use of an attorney to represent your kids is what to do with the money that the kids are to get. Should the money be put into a certificate of deposit or other non-risky account (the Court will usually require something like that) or whether the money should be invested in an annuity structured settlement, to allow the kids to get a set amount at certain ages, after thier 18th birthdays. This may give you, as the parent, some control of the money in advance of what your child will recieve after he/she turns 18. The other question is whether the proposed settlements are really fair. Has the youngest child, who continues to have emotional issues with taking the school bus, been evaluated by a psychologist or counselor and has the child received treatment to allow him/her to return to riding the bus into the future? Are there any potential ongoing or permanent injuries that the children have received which need to be fully evaluated and diagnosed so as to cover them for future medical care? Did health insurance pay the bills to the doctors/hospitals, and if so, how are they being paid back or can negotiations take place to get those reduced, potentially leaving more money for your children? Have there been discussions as to money to compensate you, as the parent, for your claims of the loss of society and companionship, relating to your children's injuries and your out of pocket costs, inconvenience, emotional impact, etc. related to your kids' injuries. These are all things that you should consider before agreeing to a settlement and before having a Court approve the settlement, based upon recommendations by a Guardian ad Litem who is being paid by the insurance company. I would suggest discussing these issues in more detail with an experienced personal injury attorney.