Skip to main content

Auto Accident - How much should I ask for from the at-fault ins. co. for my 4 and 6 yr old children (minor cuts/bruises)?

Midland, TX |

Lawsuit has already been filed. My lawyer was excused from my case by the Judge. I have been before the Judge and am representing myself. My portion of the claim has been taken care of. My children were not seriously injured. They did go to the emergency room by ambulance, were seen by a doctor and released with only minor cuts and bruises. It has been over a year and they are okay. I would like to go ahead and ask for compensation for them in an interest bearing, state provided trust and close their claim as well. How much should I ask for each child?

Attorney Answers 9


  1. If they aren't injured just asked to be reimbursed for your out of pocket expenses and a little for inconvenience of dealing with this situation.


  2. While I can't comment on value, don't know enough details; presumably the judge will need to approve any settlement. Goo luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. Ask for the policy limits and wait for a reply. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  4. Get a new lawyer without delay and hone in on a full fair settlement. Saying "they were not seriously injured" about the children indicates to the insurance claims adjuster that little or nothing should be offered. You should demand full complete fair settlement. If there is such a thing as a calculator to determine the answer to your question 'how much should i ask for', here it is: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  5. Despite your false sense of security with the court, retain a local personal injury lawyer for representation to get the maximum possible compensation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. I would hire a lawyer to handle your kids' claims since it's in litigation because of the technicalities involved. Once a settlement is obtained for your children, the judge will appoint a guardian ad litem to approve and make sure the settlement is in your children's best interest.

    www.AustinTrialLawyers.com


  7. Insurance companies only care about money. They are not interested in fairly compesating you. I suggest you obtain a new attorney, preferrably one that is board certified in personal injury trial law by the Texas Board of Legal Specialization, to assist you in properly evaluating your children's claims. Good luck

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.


  8. Strange, why was your lawyer releasd by the Court? Look if your kids are underage/minors, the court usually on its own motion will appoint an attorney ad litm i.e. attorney just for the kids, who will review the case and be paid ultimately by the third-party insurance company of the defendant who caused the accident. This attorney will negotiate with the insurance adjuster or their defense attorney and obtain the best settlement possible. The ultimate settlement (net settlement) will be placed into the court's account, called the "registry" of the court until the kids turn 18 and then they can withdraw the funds. Let the judge know you would like him/her to appoint an attorney ad litem and bill the cost to the third party insurance carrier and let the ad litem do all the heavy lifting for you.


  9. In any case in Texas involving minors with claims for injury, the Court MUST appoint an Attorney ad Litem to review the case, and insure that any settlement on behalf of your children is fair and in their best interests. There is an inherent conflict of interest between yourself and your children, which may seem absurd to you, but nevertheless the Court will recognize and therefore appoint the Attorney ad Litem to make sure that the "appearance" of this conflict is alleviated.

    You absolutely NEED an attorney to aide you in wrapping this case up, regardless of your experience level. A Board Certified Personal Injury Trial Lawyer will be the best choice for you (and your children). More importantly, the Judge will be happy that you have chosen that route, since you are doing the absolute best you can do for you kids in doing so. Your new lawyer will be able to negotiate a fair settlement on your behalf (and your kids) and wrap everything up legally for you. The insurance company will also be glad that you have a lawyer, so that the claims can be finalized for them as well. Good luck to you.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.