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Little Kids, Big Accidents. Chapter 5 - Smart Moves to Help Your Child's Case

Little Kids, Big Accidents:

The Ultimate Guide to Child Accidents in Ohio

CHAPTER 5

Smart Moves to Help Your Child's Case



TEN TIPS TO MAXIMIZE YOUR RECOVERY

If your child has been injured in an accident, the initial steps you take can make a big difference to the outcome of the case. We've compiled ten tips to help you avoid insurance company traps and receive fair compensation for your child's injuries.


1. Seek treatment immediately.

The best thing you can do for both your physical and financial health is to get the proper medical treatment for your child's injuries. You need to go to your family physician or to the emergency room to make sure that your child gets the treatment necessary to recover from the injuries suffered in the accident.

Once you go to the doctor, follow his or her orders so your child can make the best recovery possible. If your doctor tells you to take your child to a physical therapist, do it.

This makes sense not only for your child's physical health, but for the child's financial health as well. An insurance adjuster is going to base any settlement offer on the medical care received because it provides a way to measure your child's injuries and resulting pain. Getting treatment demonstrates to the insurance company that the injuries are legitimate. Compensation for the pain and suffering your child endured as a result of the accident will be based to some degree on the amount of the medical bills.


2. Don't rush to settle your child's claim quickly.

If you're reading this book because your child recently was involved in an accident caused by another driver, you may already have received a call from an insurance adjuster trying to settle the claim. Typically, an adjuster will wave a few thousand dollars under your nose to settle the claim quickly. It sounds good until you realize your child may be hurt more seriously than you anticipated or the medical bills end up eating into that money.

If you're tempted to settle the case below its value just because you need money for your child's medical bills, hold off. If you hire an attorney, the attorney often will be able to work out an arrangement with your health-care provider that allows your provider to be paid out of the proceeds of any settlement. This allows the child to continue getting the necessary treatment, while ensuring the doctor is paid at the end of the case.


3. Don't underestimate the insurance adjusters.

Insurance adjusters handle claims for a living. They're judged by their bosses by how they settle claims and how much money they save for the company. This doesn't make them bad people; they're just doing their jobs and looking out for the best interests of their employers. It's up to you and your lawyer to look out for your child's interests.

So, when an adjuster representing the person who caused the accident gives you a call, keep in mind where their loyalties lie. They'll likely be extremely pleasant, but they have one goal: to settle your child's claim as cheaply as possible. They do this for a living, all day and every day. Because this is probably the first time you've been in this situation, you are at an obvious disadvantage. Be smart when you're dealing with them - or better yet, hire a lawyer who deals with insurance companies on a daily basis. After all, the insurance companies have professionals working for them, so you should too.


4. Don't provide a statement to the adjuster.

If an insurance adjuster contacts you, don't make any statements about the accident, your child's physical condition, and whether your child is being treating by a doctor. The adjuster may be recording your conversation and certainly will be taking notes. You can settle any claims dealing with the damage to your vehicle, but any statements you make about your child's injuries could come back to haunt you. Simply thank the adjuster for calling, state that you don't want to make any statements, and that you or your lawyer will call back at the appropriate time. You don't have to be rude, but you need to be firm. The adjuster can't make you talk.

One way to avoid awkward conversations with an adjuster or making statements that could hurt your case is to contact a lawyer to represent you. Your lawyer will stop the adjuster from having any further contact with you or your child.


5. Don't sign any medical authorization forms.

Insurance companies often try to get accident victims to sign and return authorization forms that allow them to obtain their medical records. The forms usually are drafted so the insurer gains access to all of the injured person's medical information, not just information caused by the accident. It allows an insurance company to go on a fishing expedition for any other medical problems that might explain the pain your child is experiencing.

If your child's injuries are serious, you should consult an attorney to deal with these issues. Your attorney will ask you to sign medical authorization forms that will be used to obtain the information that's related to your child's accident. This helps control the flow of private information to the insurance company.


6. Document everything connected to your child's case.

Make sure you keep every bill, police report, and document connected to your child's claim. The insurance company has a right to see evidence of medical bills for which you're seeking reimbursement. Certified copies are available through your child's healthcare provider. If your attorney handles a significant number of injury cases, he or she will know how to obtain these important records.


7. Honesty is the best policy.

Be honest when it comes to dealing with your child's injury claim. Be honest with the insurance adjuster, be honest with your doctor, and be honest with your lawyer. Nothing will kill your child's claim faster than being caught in a lie.


8. Don't hide information from your lawyer.

This tip goes hand-in-hand with our advice about being honest. You'll be making a big mistake if you hide information that is embarrassing or that you think will hurt your child's claim. You may get away with it, but usually the truth comes out. And if it comes out at the wrong time in a deposition or at trial, your child's case may be damaged beyond repair. Your lawyer needs the complete picture in order to provide your family with the best possible representation. Don't put your lawyer in a bad situation by hiding something.


9. Don't exaggerate the impact of your child's injury.

You're entering a world you likely didn't know existed. As we've said earlier in this book, insurance companies prosper by paying accident victims as little as possible. In an effort to do that, they may resort to what you may regard as underhanded behavior. They may hire a private investigator to spy on your family, they may have someone engage you in conversation about your child's injuries, or they may videotape your child at play.

If you exaggerate the extent of your child's injuries and then your child is filmed doing back flips on the playground, don't be surprised when the case tanks. Don't play games when it comes to dealing with your child's injury case.


10. Hire an attorney devoted to personal injury cases.

Earlier, we wrote about insurance adjusters who negotiate settlements every day. They're good at it because it's their profession. That's why you'll need a lawyer to handle your child's case. Your lawyer not only will deal with the insurance adjuster, but he'll navigate you through the complex world of personal injury litigation.

And it's crucial to hire an attorney who specializes in personal injury and child accident cases. That just makes sense. For instance, while most doctors are extremely smart people who worked hard to get through medical school, generally you look for doctors who have the knowledge and skills to help you with a specific problem. For instance, if you need brain surgery, you aren't going to consult a doctor who specializes in knee operations. Similarly, if your child has been injured in an accident, it wouldn't make sense to seek out a lawyer who specializes in corporate law. You need a lawyer who understands the many nuances of injury law.

Armed with knowledge of the law and the ploys of adjusters, a lawyer can help you obtain a fair settlement for your child's case. Numerous studies have shown that you're far more likely to end up with more money at the end of a case if you hire a lawyer rather than trying to settle the case on your own. By virtue of handling injury cases every day, lawyers develop a sense of how much a case is worth.

Furthermore, you're not likely to have experience with the types of arguments you're going to hear from insurance adjusters. Hiring a lawyer lessens the amount of hassles you'll face and you'll almost certainly net more money for your child, even after attorney fees and expenses are subtracted.


If you or someone you know has a child who has been injured in an Ohio child accident, you need information. Contact our Ohio child accident injury lawyers immediately for your free copy of Little Kids, Big Accidents by calling 800.637.8170.


We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties. Bookmark and Share
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