Articles Posted in Settlement

1-300x222If your child has been injured and you have agreed to settle a claim on his or her behalf, you are not done yet – even if you have a signed settlement agreement in hand.  You are only able to obtain the settlement funds for your child after jumping through a few hoops.

Minor’s compromise, often referred to as “minor’s comp,” is the procedure by which a parent or guardian (most likely through an attorney) provides details of a child’s settlement to the court for approval.  This court approval is required for every settlement involving a child’s claim, even if no lawsuit has been filed.  (There are some exceptions if the settlement is under $5,000.)  The judge, in a sense, acts as the child’s advocate in examining the settlement terms to ensure it is a fair compromise for the child since, by agreeing to settle, the child is giving up the right to file a lawsuit down the road.  (Children have until they turn 20 years old to file a personal injury lawsuit; the two-year statute of limitations does not start running until they turn 18).

The details of the child’s claim and settlement are examined at a hearing.  Although this procedure sounds relatively straightforward, the paperwork required to support a minor’s compromise can be a bit daunting.

shutterstock_264466154-300x200When you’re thinking of pursuing a personal injury lawsuit, you want to know what to expect. Obviously, you wish to have the positive result of being compensated for the injuries that you’ve suffered from due to the wrongdoer’s actions. Although all cases are different based on the specific set of circumstances and details, there are certain commonalties and certain phases that will occur for any personal injury suit.

Medical Treatment

The first step to take after any accident or incident is to seek out medical attention. Although you may not feel anything at the time, it’s a good idea to check with a physician just in case because many conditions may develop later. You will want to have a medical record for further documentation to establish your case.

shutterstock_11485384341-300x200Many people are reluctant to hire a lawyer because they don’t think they can pay for legal fees out of pocket. Obviously, lawyers operate businesses and are paid for the work that they do. However, in personal injury cases, attorneys often don’t require payments from their clients at the onset. Instead they offer their services on a “contingency fee” basis.

The contingency fee arrangement allows an individual who has suffered a personal injury a way to hold those responsible accountable and to get the compensation that they deserve even if they can’t afford an attorney outright. This way they can seek out justice without the expense of a hefty monthly attorney bill that most other types of clients receive.

What is a Contingency Fee?

shutterstock_1148538434-300x200You were driving down the road to pick up groceries when suddenly a car doing about 65 comes crashing into you. You decide to file a claim so that you can get compensated for your injuries, including your medical expenses, pain and suffering, lost wages, and quality of life losses. In order to properly get reimbursement for the damages that you sustained, you will usually have to rely upon the insurance company of the other driver. The value of your claim is the total of what you can collect. It depends on many factors, including the injuries you suffered and the amount of the insurance policy the other driver has available to them to pay the claim. In most scenarios, the realistic maximum amount of money that can be collected—regardless of the injury—is the amount of insurance policy. It plays a significant part in a car accident case and policy limits determine the total amount of money that an insurance company may pay. Read on for information on how insurance policy limits impact your car accident value.

Determining Fault

California does not recognize “no-fault” laws. Therefore, a preliminary step in your car accident case, before you can recover damages, is determining that another driver is at fault. Multiple parties can be at fault and you can file against any or all of them. Even the plaintiff can be partially be at fault. California is a comparative negligence state, which means that a negligent plaintiff can still recover damages. However, the monetary amount is reduced by their degree of fault.

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2020/10/20.10.02-300x200.jpgLaw is hard to navigate when you need the Legal System to help right the wrongs against you. The goal of any personal injury and wrongful death case is to get fairly compensated following your accident. As one of the top San Diego and Riverside County personal injury law firms, we are dedicated to getting results for our clients. Whether it is through a settlement or taking your case to trial, both have advantages and disadvantages.

Pros and Cons of a Personal Injury Settlement

Roughly 95% of all Personal Injury cases settle prior to trial. Some of the benefits of settling your case include:

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