QUESTION

Is it true that the state has a $2500.00 limit to pain and suffering settlement for children?

Asked on Jul 30th, 2013 on Personal Injury - South Carolina
More details to this question:
My family and I were in a major car accident a few months ago. We are recovering, but claim adjuster told me that the most they can offer is $2500.00 per child. It would have to go to court if the amount goes over $2500.00 and held in escrow account until they 18. Our bills are at 50k and more bills coming in daily. We are in South Carolina.
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1 ANSWER

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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What the adjuster says is true but misleading. Settlements for children in amounts exceeding $2,500.00 must be approved by the court. The rules allow for settlements below $2,500.00 to be done without court approval as the amount is so small there is not much risk that there will be an injustice done to the children. Court approval is easily obtained, and the insurance company will hire an attorney to file the proper paperwork to bring it before the court for approval. Whether it is $2,500 or more, it is the children's money and must be held in escrow until they are 21, except that it can be used to pay their medical bills. The only limit in your case is the insurance coverage limit (ie. How much insurance the at fault diver has). Do not settle for $2,500 just to avoid the process of the court approving the agreement. That would be foolish. Also, it sounds as if the claim is complicated enough, and the damages are such, that you should retain an attorney.
Answered on Jul 31st, 2013 at 10:55 AM

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