How do I ask for the right settlement for pain and suffering for my 3 children and I?

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for 'pain and suffering', thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.

Your cases are worth what ever you can prove.

There is no concrete formula for pain and suffering. It is based on the amount of damages that you have sustained. Think of a number that is not more than 3 times your medical expenses and request that amount. Then be prepared to negotiate down from that number. You should have the desired amount in your head and do your best to reach that number.

I would hope that you have had the sense an ability to engage an attorney to determine whether or not your seizures, your sons migraines, and any potential future can be traced to the damages occurred and the accident. That is also the person whom you should be speaking to regarding the reasonableness of any potential settlement. Without much more in the way of detail, it is impossible to answer your question in this forum.

You should ask for an amount based upon what happened in the accident as well as the medical treatment that you and your children have had.

There is no set value on pain and suffering claims. Case values vary significantly from case to case and place to place. Experienced injury lawyers are familiar with such values. Consider consulting one.

You need to retain a personal injury attorney to handle your cases.