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Little Kids, Big Accidents. Chapter 9 - Let Your Lawyer Be Your Guide

Little Kids, Big Accidents:

The Ultimate Guide to Child Accidents in Ohio
CHAPTER 9

Let Your Lawyer Be Your Guide



HIRE A LAWYER EXPERIENCED WITH CHILD INJURY AND DEATH CASES

All but the most straightforward of child injury cases can become very complicated even for experienced attorneys. Dealing with insurance adjusters, healthcare insurers, doctors, chiropractors, insurance-company attorneys, and structured settlement plans can make resolving a child-injury claim a long, frustrating journey. Hiring a lawyer to help you obtain fair compensation makes sense unless you've been involved in a very minor accident.

If you hire a lawyer, he has a few options when trying to resolve your child's case. Some lawyers file a lawsuit immediately, which has the benefit of putting you quickly on a trial track. The other path the attorney might take is negotiating with the insurance adjuster to resolve the case without having to file a lawsuit. Most attorneys, including those in our office, prefer the second approach.

Lawsuits are time-consuming, expensive, and unpredictable. The benefit of settling a claim with the adjuster is that we can give the parents and child a certain outcome. We only file suit quickly if the adjuster makes an unfair offer that we know isn't going to get any better or if the statute of limitations is about to expire. For a routine traffic accident case, the injured person has two years after the accident to file a lawsuit. The statute of limitations for a minor's traffic-accident case is two years after the child turns 18.

Even with our approach, you shouldn't expect a quick settlement. As we stated earlier, we think it's best for the child to follow a doctor's treatment plan - even if it takes more than a year - rather than settling the case prematurely. This benefits the child's health and case. Ultimately, the settlement or verdict will be based to some degree on the cost and length of your child's treatment.

Sometimes going to trial becomes the only option. When you're looking for a lawyer, make sure you hire someone who is willing to try cases if necessary and understands the nuances related to injury cases involving children. It can take a long time to get to trial, but it may offer your only chance of getting fair compensation for your child's injury. If you have to go to trial, be prepared for a long wait because judges have to juggle numerous criminal and civil cases. It's not unusual for a trial date to be set anywhere from six months to a year after the complaint is filed.

YOUR LAWYER DOESN'T GET PAID UNLESS YOU DO

People are understandably nervous about hiring a lawyer. Fear that it will cost too much stops some from consulting an attorney, especially when expenses may be adding up as a result of a recent accident. Child accident victims, however, don't pay their lawyer anything unless a settlement is reached or they win in a trial.

Most attorneys who represent children injured in accident cases take what's called a contingent fee, which means that the lawyer's fee depends on his success in resolving the claim. If you win your case or get a settlement, the lawyer takes a fee. If you lose at trial or the insurance company won't settle, you don't get anything, but you typically won't owe the lawyer a fee. Usually, the lawyer takes one-third of the gross award or settlement, but the fee can increase if a trial becomes necessary. The arrangement works for both parties. The lawyer takes a risk that he or she won't get paid if the case bombs. The client gets to pursue his claim without having to come up with thousands of dollars in legal fees. Without this arrangement, some people never would be able to bring a claim because they couldn't afford it.

Trying cases can be expensive because court reporters have to be hired to take depositions, those depositions have to be transcribed, medical records have to be ordered, expert witnesses such as doctors have to be consulted, exhibits have to be compiled, and court costs have to be paid. The attorney usually will cover those expenses because most people couldn't come up with that much money. If the case settles or the client wins at trial, the lawyer is reimbursed for the expenses he incurred in handling the case. Again, this arrangement benefits the client. Our firm handled one case where the expenses alone were in the neighborhood of $100,000. If we hadn't paid for those expenses, our client never would have been able to pursue his claim even though he had an excellent case that eventually settled for nearly $2 million.

When you meet with a lawyer, you will have to sign an agreement that spells out how the attorney will be compensated and how the expenses will be paid. Make sure that the contingency fee arrangement - typically 33 1/3 percent of the gross settlement or award - is clearly spelled out in the contract. If you don't feel comfortable with the contract, don't sign it. You're in control of the situation. If you have questions, make sure the lawyer answers before you sign the document. You can walk away after the case starts, but the lawyer will be entitled to get paid for the time and expenses he's incurred out of whatever settlement another lawyer obtains.

When the case is resolved, your child will get a check that represents the award or settlement, minus the attorney's fee and expenses. In some situations, the attorney could be entitled under the contract to more money than the client ultimately receives after expenses and medical bills are paid off, but that shouldn't happen. The attorneys in our office cut their fees so the client always ends up with more money.


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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©2010 Charles Boyk Law Offices, LLC, All Rights Reserved, Reproduced with Permission
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