Solvay, NY Personal Injury Law Firms & Lawyers

A person is entitled to be compensated for their actual damages, their medical expenses and their pain and suffering to whatever degree a jury determines they should be. That I know is not the answer that you were looking for or expected, but it is true. Unfortunately, there is no actual list, like a menu, of what a person it to receive in any particular instance. If there was, no one would need an attorney. They could just look up what they were entitled to and get a check from the insurer who would look at the same list. It is up to your attorney to amply and adequately document your child's losses from medical bills, the pain and suffering that he went through, the pain and suffering that you as his parents went through, the losses that you all suffered from time lost from work. Then it is up to your attorney to be able to communicate that information clearly enough and eloquently enough to an insurance adjuster, with enough certainty and belief in the case for the adjuster to know that he or she is better off settling because it is obvious that this attorney will do well at trial if the adjuster doesn't settle. Sometimes, even if the attorney is absolutely the best he or she can be at all of this, an adjuster will not offer enough and the case will have to go to trial. This is why you need to select a good attorney who you can trust to do the best job for you and or your child. If you think I might be the attorney for you, then call me and lets discuss it because it sounds to me like your child was horribly harmed and the fast food restaurant should be held accountable first and foremost to you and your son, but also to make sure that what happened to your son and to you as his parents does not happen to anyone else.

Get the Schedule A filed with the IRS and see if they paid for health insurance. If they did, they are not self-funded. If they didn't you may have an issue but, may still be able to negotiate a significant reduction and apply equitable defenses. If it is a true lien, the money must be held until the issue is resolved under the Model Rules of Professional Misconduct (1.15(e) I think). Any valid liens (most are not) on the case are the responsibility of the client, solely (with a few statutory exceptions). It's very likely you have paperwork to that effect. Any liens on the case should be discussed openly with the client and considered in the settlement. Very difficult to undo a settlement once the client signs the release. If verbal only, much easier. I'm sure in the release it talks about liens in it as well. Uphill climb to undo one but, not impossible.

What might have happened or almost happened doesn't count. Your emotional problems with air bags is not the same as serious injury. you said the injuries were minor. I suggest you get on with your life. It would take a couple years and 20000 worth of atty time to prepare and try the case, and for what: minor injuries?