My minor child was the victim of a hit and rund driver and sustained severe injuries. The driver was eventually found.
6 attorney answers
DO NOT SIGN ANYTHING!! There is no hurry, find a great lawyer to determine the true value. Once you sign, IT IS DONE! No matter how bad the future, you can never ask for more money. GOOD LUCK!!
Talk to a lawyer will the full set of facts, do not rely on this limited answer.
If your daughter is a minor the probate court in Ohio is the one who has the authority to approve a settlement. But if a release is signed by you they may have you sign an indemnifying release and not go through probate. It's not the right thing to do, but some insurance companies encourage it , while others will probate the case for you. This means that if your child brought a claim for more than the settlement, you could ultimately end up paying.
You can start with the proposition if you sign a release the case is over, The exception for a minor is that the probate court in Ohio has jurisdiction to approve the claims and how to hande the money if the child is under 18 .
Yes there are other issus such as your own coverage for underinsured motorist coverage.
Seek the advice of an experienced personal injury lawyer that can review all the issues that you face. I wish your daughter a speedy recovery. When your child is injured it's so emotional for a parent.
If you sign the release and accept the check from the insurance company, you will most likely be releasing any and all claims or causes of action you or your son had against the party at fault. If your son's injuries were significant, find an attorney you can trust. That means don't look for an attorney on TV or the internet. Get a referral from someone you trust.
Good luck and I hope your son has a speedy recovery.
Byron M Chesebro
Attorney since 1982
San Diego & Ontario
I hope your child is healing.
Do you have an attorney handling this for you? There are a lot of legal issues when the injured person is a minor. For one, you'll have to have the court approve the settlement. Secondly, the funds will be placed into a blocked account and/or an annuity (structured settlement) which cannot be touched until your child is 18. Getting the court to approve the settlement can be tricky because the judge will need a lot of information as to your child's injuries, prognosis, future care (if any), bills (past and future) and a host of other things.
Did you witness the incident because, if so, you may have your own separate cause of action against this person.
Also, do you have Uninsured Motorist Coverage on your own insurance policy that is higher than the policy limit of the hit and run driver? This may be another avenue of financial recovery for your child.
If you don't have a lawyer, get one. If you do have a lawyer, these issues will be addressed by him or her.
Good luck and, again, I'm sorry to hear that your child was injured. There is nothing worse than knowing that you child has been hurt.
This is very tricky, I would not jump to a quick settlement for your son. I would not sign any papers or releases of liability. A good personal injury attorney will evaluate all possible avenues of recovery. Was the driver working at the time, if so his employer may be rsponsible, was he driving someone elses car, if so the owner may be responsible ... Do you have undersinsured motorist coverage, if so your insurace could cover some of the injuries. Does the defendant have assets beyond his policy. Also he may be eligible for compensation through victims of violent crimes
These and other issues need to be addressed before you settle any case involving seroious injuries
Derryl Halpern [email protected]
This is true. If you accept a settlement from the at fault insurance company, you would be required to sign a release which gives up all rights to any further claims. You could choose to not accept an offer and go after the at fault party personally, but you may not fare any better. Remember, you can get a judgement against someone, but if that person has no funds to pay, the judgement isn't worth the paper it was written on. My best advice, given the severity of your son's injuries, is to contact an experienced personal injury attorney in your area before you decide or agree to anything. Best of luck and wishing your son a speedy recovery.
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