QUESTION
How do we settle on an accident if the doctors won't say for sure whether it was caused by the accident or if it was due to the stressful labor?
Asked on Aug 08th, 2013 on Personal Injury - South Carolina
More details to this question:
My 42 week pregnant wife and I was rear ended a year ago. She was driving and the steering wheel hit her belly she was checked out at the hospital that day and they said everything was fine. Two days later, our daughter was born after a 32 hour labor and was admitted to NICU where she stayed for a week because she was having seizures and had a mild stroke. Everything is fine now and has been ever since. Today, the insurance company sent us a settlement offer of $3000 dollars on our daughter’s case. They’re asking for a medical record release form from us or for us to settle. My wife and I have already settled our case for $4,000 and our car has been fixed. I'm just not sure what to do about my daughter’s case.
9 ANSWERS
Ronald A. Steinberg
You have no choice. Without s doctor to link the accident to the baby's problems, you cannot prove anything.
Answered on Oct 21st, 2013 at 3:46 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You would do well to consult an experienced personal injury lawyer in your area. The sum offered seems small. It seems odd that the insurer has offered you a sum of money, but now wants to review medical records before making a settlement.
Answered on Aug 13th, 2013 at 9:22 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You should immediately retain the assistance of counsel. Most attorneys that would handle this matter, including our firm, would not take or charge any money from you. They would represent you on a contingency basis. But if you wish to receive a fair settlement, you must seek legal advice.
Answered on Aug 13th, 2013 at 7:17 PM
James Eugene Hasser
Seek the advice of an experienced personal injury lawyer. He or she will know how to have your daughter properly assessed for proof purposes.
Answered on Aug 13th, 2013 at 7:14 PM
Lisa Hurtado McDonnell
What were your daughter medical bills? Will the $ 3000 cover those cost. Will your health insurance want reimbursement since it was more like than not caused by the auto accident?
Answered on Aug 13th, 2013 at 5:57 AM
Thomas Edward Gates
You should retain an attorney to assist you. The $4000 you received as settlement for your wife and yourself was too low. You do not want to settle your daughter's claim until you know for 100% what handicap she may have and how much the cost for care will be. She has until her 18th birthday to settle, since she is a minor.
Answered on Aug 12th, 2013 at 5:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you don't have medical testimony you don't have a case. Leave the matter open in case you find a dr later who thinks there may be a connection. Probably is not.
Answered on Aug 12th, 2013 at 12:27 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If your daughter's doctor won't comment on any relation of your daughter's condition to the car crash, you can hire an expert witness (neurologist, neonatologist, etc.) to review the records and give an opinion. You can also wait and see how your daughter does, and whether medical science has any advances/studies on similar cases, as long as until she reaches her age of majority and then file suit within 1 year thereof per Michigan law.
Answered on Aug 12th, 2013 at 11:11 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There is no reason to settle quickly. You have three years to file a lawsuit, and beyond that even since she is a minor. If she has no injury from the wreck, which seems likely, $3,000.00 seems to be fair. However, if you are worried that there will be later complications, or if your medical bills from the premature birth are more than you can handle, you can wait. However, if the doctors cannot say the complications were caused by the accident, You probably cannot get any more than they offered.
Answered on Aug 12th, 2013 at 8:59 AM