QUESTION
What can be done if my 9-year-old girl was attacked by a dog and chucked her bottom lip which is now missing, have a scar and is disfigured?
Asked on Feb 13th, 2014 on Personal Injury - Florida
More details to this question:
Almost a year ago, this happened. I don't know if she will have plastic surgery yet, right now we are seeing how it heels, thank God it looks better than I thought it would but still not normal and afraid its heeled as much as its going to and I'm 90% sure surgery in future. The person’s homeowners insurance and my lawyer are already trying to settle. I said I want to make sure her future medical bills r paid for and want to wait to see what surgeon says in April. Lawyer says best to settle now before surgery and my daughters insurance which is only Medicaid will pay future bills. This does not make sense to me. I thought homeowners of person at fault should pay for future bills and I'm worried Medicaid can take her money or I will have to pay them? My next question is they want to settle or $125,000. After lawyer cost $86,000 and cannot be touched until 18 or said money could go in an annuity spread over 4 yrs, 18, 19, 20, 21 and with interest will grow to $98,000 is my only other option. Someone told me they went to court and invested their child's money themselves with a much better interest rate! I want what is best for my child and desperately need the correct answers fast since I'm being pestered to settle. I am not a lawyer and need help! Thank you very much; I hope u can help with sincere advice!
9 ANSWERS
Edwin K. Niles
Typically, a minor's settlement goes into a blocked account per court order. It's true that those accounts don't earn much interest, but the court requires safety above all else. She has until age twenty to settle or file suit, so if you think it's better to wait it's up to you. No-one can see the future. If you use MediCal, I don?t know whether or not they would assert a lien against any recovery.
Answered on Feb 20th, 2014 at 5:29 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Since your child is a minor the settlement will have to be approved by the court . The court will not allow any type of risky private investments . The money can be structured for structured pay out at various adult ages starting 18 or 20. You must work with the lawyer to maximize the settlement even if the case takes longer. Has there been a lawsuit filed? Do you have an estimate for the plastic surgery? Has there been a psychological evaluation of the child? The above questions are important and hopefully you have a capable lawyer. Good Luck.
Answered on Feb 19th, 2014 at 7:03 PM
You can sue the owners of the dog or you can sit at home, searching on the Internet for a free answer to your legal question. You can let the owners get away with it or you can find a lawyer to hold them responsible for their carelessness that has turned your 9-year-old daughter into a girl who sits at home waiting for the phone to ring, hoping someone will ask her out to the prom. You can stand up for your daughter or you can hide at home on the Internet hoping somehow a miracle provides you with an answer. You can or you won't. My advice about which financial choice to make comes at a price. If your lawyers don?t understand how to explain the options in front of you then perhaps you need a second opinion. Mine costs $5,000. Make the wrong choice and it can cost you much more. Call with questions.
Answered on Feb 19th, 2014 at 4:34 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I WOULD SUGGEST TO YOU THAT IF YOUR LAWYER GOT YOU A SETTLEMENT OFFER OF 125000 HE IS PROBABLY A SUPERIOR LAWYER. IF IT WERE ME I WOULD GET A PLASTIC SURGEON TO QUOTE ME HIS OPINION AS TO THE NEED FOR SURGERY, THE LIKELIHOOD OF SUCCESS, AND THE COST. BUT 125 IS 125. ANY FUNDS AFTER ATTY FEES AND COSTS WILL BE HELD TIL THE CHILD IS 18.
Answered on Feb 19th, 2014 at 4:33 AM
James Eugene Hasser
If your lawyer has not already done so and you are concerned about the cost of future medical care, get a report from the physician has to whether future care will be needed and if so, what it will cost. Then, discuss that with your lawyer. if that has already been done, that cost should have been factored into the settlement offer and your lawyer's recommendation to accept it. Discuss that with your lawyer. Also discuss the options of a lump sum versus a structured settlement with your lawyer as well.
Answered on Feb 19th, 2014 at 4:32 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I am sorry but your lawyer is usually the best person to advise you regarding these issues. It would be unethical of me to second-guess the attorney, especially since I don't know what jurisdiction you are in. If you really want advice, take your file to another local attorney and have him or her review. But frankly, based on the little bit you said, this does not sound like a bad deal.
Answered on Feb 19th, 2014 at 4:32 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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A settlement guardian ad litem has to be appointed in Washington State, and that attorney will go over the pros and cons of settlement with a fine toothed comb. So consult with "your" attorney and with the settlement guardian ad litem. Settlement in part depends upon the amount of liability insurance that the homeowner had in place. If there is permanent scarring and the need for future surgery and the homeowners' insurance is say $250,000 a settlement for 1/2 of the available insurance seems too cheap on the surface of what you have stated.
Answered on Feb 19th, 2014 at 4:32 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Florida law holds that owners of dogs are liable for injuries caused by their dog. Hopefully the owner has homeowners or renters liability insurance which should pay damages and not just medical bills.
Answered on Feb 19th, 2014 at 4:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I didn't even finish reading the question. I got up to the phrase "my lawyer". You have a lawyer, that's whom you should ask.
Answered on Feb 19th, 2014 at 4:31 AM