the crash course on child injury claims ebook

8/2/2019 The Crash Course on Child Injury Claims eBook

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ON CHILD INJURY CLAIMS

HASTINGS, COHAN & WALSH, LLP Attorneys at Law

T H E

CRASH COURSE

www.hcwlaw.com1.888.842.8466


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on Child injury Claims

T h eCrash Course


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Hastings, CoHan & WalsH, llP Attorneys at Law

W O R D A S S O C I A T I O N P U B L I S H E R Swww.wordassociation.com

1.800.827.7903

on Child injury Claims

T h eCrash Course

www.hcwlaw.com1.888.842.8466


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Copyright 2010 by Richard P. Hastings

All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author. Published 2010.

Printed in the United States of America.

ISBN: 978-1-59571 581 4

Designed and published by

Word Association Publishers205 Fi h AvenueTarentum, Pennsylvania 15084

www.wordassociation.com1.800.827.7903


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Authors Note

Thank you or considering our frm to represent you and your child inyour childs personal injury case. We have prepared the ollowing in or-mation to give you a better understanding o your childs personal injurycase and to allow you to enable us to potentially help maximize the valueo your childs case.

We have decades o experience in representing injured clients andtheir amilies who have received millions o dollars rom negligent partiesand their insurance companies in cases involving:

Motor Vehicle Accidents

Dog Bites

Wrongful Death Cases

Defective Products

Medical Malpractice

Premises Liability

Fall Down Cases

Sports Accidents

As a urther testament o our abilities, we serve as re erral counsel ora variety o cases both rom local and out-o -state frms. We also have


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contacts with some o the best lawyers throughout the country and canassist you or others with your out-o -state cases.

Our greatest source o business comes rom our clients. You can beconfdent that i a relative or riend requires our services, we will providethe same pro essional hands-on attention that you will receive.

We understand that you could chose rom any number o otherfrms to represent you and your child in your important legal matter. We

appreciate the confdence you have placed in us and we will work hard togain and keep your trust.

Please care ully review and ollow the in ormation which is set orthin these pages. We are accessible and encourage you to contact us when-ever you have a question.


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Legal Disclaimer

The in ormation contained in this book is presented or in ormationalpurposes only and is not meant nor is it construed to be legal advice.Further, the in ormation contained herein should not be relied upon andyou should always seek the advice o an attorney be ore proceeding. Noattorney-client relationship can be established with the frm unless anduntil a mutually acceptable written agreement is signed by all parties. I you are interested in asking us to represent you, please contact us so wemay be able to decide whether or not we are willing or able to accept

your case. Any in ormation submitted to us via our website or by othermeans may not be considered confdential. We assume no liability causednor occasioned by your reliance on any in ormation presented in thisbook nor do we guarantee the accuracy, completeness or representationscontained therein.

The author and the publisher make no representation or warrantieso any kind; nor are any such representations implied with respect tothis in ormation. The author and publisher shall not be liable or anydamages, consequential or otherwise, resulting in whole or in part romanyones use o or reliance upon the contents o this book.


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Table of Contents

Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

C AP 1Frequently Asked Questions. . . . . . . . . . . . . . . . . . . . . . . . . .13

C AP 2Tort Law: An Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

C AP 3Types and Causes o Child Injury Cases. . . . . . . . . . . . . . . . .23

C AP 4Potential Theories o Liability in Child Injury Cases. . . . . . . .37

C AP 5Types and Causes o Wrong ul Death Cases. . . . . . . . . . . . . .45

C AP 6 Your Childs Personal Injury Case. . . . . . . . . . . . . . . . . . . . . .49

C AP 7 Why It Is Important To Hire A Lawyer . . . . . . . . . . . . . . . . . .55

C AP 8Ten Things You Can Do To ImproveThe Value O Your Childs Case. . . . . . . . . . . . . . . . . . . . . . .63

C AP 9Dealing With Your Childs Health Care Pro essionalsIn Improving The Value O Their Personal Injury Case. . . . . .71

C AP 10Getting The Best From YourChilds Health Care Pro essionals. . . . . . . . . . . . . . . . . . . . . .75

C AP 11What Insurance CompaniesDont Want You To Know. . . . . . . . . . . . . . . . . . . . . . . . . . . .83

C AP 12Bolstering Your Loss O Income Claim. . . . . . . . . . . . . . . . . .87

C AP 13Value DriversTips To Get YouMore Money For Your Childs Case. . . . . . . . . . . . . . . . . . . .93

C AP 14What Is My Childs Case Worth?. . . . . . . . . . . . . . . . . . . . .101


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C AP 15Unique Issues in Serious Child Injury Cases. . . . . . . . . . . . .109

C AP 16 The Adjusters Point o View. . . . . . . . . . . . . . . . . . . . . . . .117

C AP 17 The Secrets De ense AttorneysDont Want You To Know. . . . . . . . . . . . . . . . . . . . . . . . . . .129

C AP 18The Litigation Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . .139

C AP 19

Pretrial Con erences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143C AP 20

The Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145

C AP 21Mediation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149

C AP 22Preparing To Testi y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153

C AP 23Instructions To Clients UndergoingAn Independent Medical Examination. . . . . . . . . . . . . . . . .157

C AP 24How Insurance Companies Try To Pay You Less MoneyFor Your Childs Claim, And What You Can Do About It. . .159

C AP 25How To Protect Yoursel And Your FamilyFrom Irresponsible Drivers. . . . . . . . . . . . . . . . . . . . . . . . . .161

C CL S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165

APP D X A:Glossary o Use ul Terms. . . . . . . . . . . . . . . . . . . . . . . . . . .167


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practical strategies to use in obtaining better medical care or your childand it will help you to assist your attorney in recovering more money oryour childs case.

We are available to help answer your questions so you can concentrateon getting your child well. Please care ully review and ollow the in orma-tion which is put orth in these pages. We are accessible and encourageyou to contact us whenever you have a question.


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C H a P t e r 1

Frequently Asked Questions

People who consider bringing a personal injury lawsuit usually cometo us seeking answers to certain basic questions. In an easy question-and-answer ormat, this chapter addresses the concerns most commonlyvoiced by current, new, or prospective clients.

Q: ow Do Know f eed Your Services?

A: You probably will need our services i you have been seriously injuredor wronged in some way, as a result o an accident, medical malprac-tice, a de ective product, a slip and all, a dog bite, a sports injury, orother cause. We provide a ree consultation to explore the acts o yourcase and to advise you o your legal rights.

Q: Why Should ire An Attorney o Assist Me n esolving My

Childs Accident r njury Claim?

A: More money or you is the primary reason! An insurance-industryresearch institution studied personal injury claims conducted by

the injured person alone versus those that were handled by attor-neys. The study determined that people represented by attorneyshad a higher net recovery or themselves (more money in theirpocket a ter attorneys ees and costs) than those without attorneys.


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Our attorneys provide you with the advantage o representation byskilled pro essionals whose experience and insight enable you to equalthe playing feld and help maximize the amount o money you canrecover when dealing with insurance companies and major corpora-tions. Having our frm involved in your case allows you to ocus onrecovering rom your injuries, while we ocus on holding the respon-sible party accountable or your injuries and damages.

Q: My Child as Been njured. What Will t Cost o ire You?

A: We represent personal injury clients on a contingency- ee basis. Inother words, you pay attorneys ees only i we winand you pay noees i we lose. You are responsible or costs incurred, but these costsdo not include attorneys ees, and the costs are paid rom any settle-

ment or judgment entered against the person responsible or yourdamage or injury. We advance costs so that the case can be properlyprepared and presented or settlement or trial. I there is no recovery,you pay no costs as well. In addition, there are no ongoing out-o -pocket expenses that you have to pay. We take all o the fnancial risk

in representing you so that you can concentrate on getting better.

Q: Do You ffer A Free Consultation?

A: Yes, we o er an initial consultation or which we do not charge. Thepurpose o this initial consultation is to review the acts o your case,give you an indication o whether the case is one that we might be

interested in handling, and discuss with you the fnancial arrange-ments or our representation.


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Q: ow Soon After My Child s njured Must File My Lawsuit?

A: Every state has certain time limits, which are called statutes o limita-

tions that govern the amount o time you have to fle a personal injurylawsuit. In Connecticut, you may have as little as two years to fle alawsuit arising rom an accident. There are also a number o noticerequirements that must be met within a much shorter period o time.I you miss the deadline or a notice requirement or or fling your case, your cla

can be dismissed.Consequently, it is important to talk with us as soon aspossible a ter you receive or discover an injury.

Q: What s egligence?

A: The critical issue in many personal injury cases is just how a reason-able person would be expected to act in the situation that caused

the injury. A person is negligent when he or she ails to act like areasonable person. Whether a given person has met the reasonableperson standard is o ten a matter that is decided by a jury a ter thepresentation o evidence and argument at trial.

Q: What f Cant Prove hat Someones egligence Caused My

Childs njury? s here Any ther Basis For Liability Besides

egligence?

A: Negligence is not the only theory o liability. Certain individualsor companies may be held strictly liable or certain activities thatharm others, even i they have not acted negligently or with wrong ul

intent. On the basis o strict liability, a person injured by a de ectiveor unexpectedly dangerous product, or by a dog bite, or instance,may recover compensation or the injury without showing that theresponsible party was actually negligent.


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Q: What Compensation Might My Child eceive f My Personal

njury Lawsuit s Successful?

A: Usually, a person who is liable or an injurywhich generally meanshis or her liability insurance companymust pay an injured personor:

Past and uture medical care and related expenses

Past and uture income lost because o the accident

Permanent physical disability or disfgurement

Loss o amily, social, and educational experiences

Emotional damages, such as stress, embarrassment, depres-sion, or strains on amily relationships

Damaged property

You will be awarded damages, or compensation, which ismoney, intended to restore you to the position you were in be oreyour injury. This money is not considered income (excludingmonies paid or loss o income) and is not taxable as income by

the ederal government or state.


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C H a P t e r 2

Tort Law: An Overview

A tort claim is a cause o action (a case) that results rom a civil wrongthat does not involve a contract claim.Tort is derived rom the Frenchword or wrong, and tort law is a highly specialized and complex areao practice.

Generally speaking, there are three types o torts:

1. ntentional orts

An intentional tort involves an action or activity calculated to harm oro end the victim. Examples o intentional torts include assault, battery,alse imprisonment, intentional in iction o emotional distress, de ama-tion, trespass to land, and trespass to chattels (taking personal property).In certain situations, the conduct involves not only tort law but alsocriminal law.

The problem with intentional torts is that in many cases there isno insurance coverage available to compensate the injured party or hisor her injuries. For example, i a person assaults you and causes you

serious injury, you could not success ully submit a claim to that personshomeowners or automobile insurance company, as coverage would bedenied. To receive compensation, you would then have to look to the


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assets or property owned by the person who committed the tort. In manyinstances, the o ending party will have ew, i any, assets. There ore, youwould have little chance o collecting any money or your injuries.

You might have a strong case in which the liability or ault o theo ending party is clear, and you may have sustained signifcant damagesthat would make your case worth a lot o money. Nevertheless, i anattorney is not able to collect any o these unds, there is no economic

incentive or an attorney to take the case, because no one is likely toreceive any money even i the case is success ul.

It is important to consult with us to review the acts o your caseand thevarious potential theories o liability that might provide or insurancecoverage, perhaps even rom a third party. For example, i a bar servesalcohol to an intoxicated person who later starts a fght with anotherpatron and causes an injury to that patron, then the bar might be liableor serving too much alcohol to the party who started the fght.

2. egligence

Negligence is a very broad area o tort law that deals with a great many

types and causes o action. Basically, negligence involves the ailure toexercise the level o care that a reasonably prudent person would haveexercised under the same circumstances. I a person causes a motorvehicle accident, or example, an issue that would have to be determinedis whether or not the person who caused the accident was negligent; thatis, did that person do something that a reasonably prudent person would

not have done, such as speeding or going through a red light.Negligence involves a breach o that duty that one person owes to

another person and the damage that results rom that breach.


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Because the laws vary greatly rom state to state, it is important toconsult with us to determine how the specifc laws o a state impact yourcase.

There are many issues involved in these kinds o cases that couldinclude di ering standards o care, a preexisting condition, statutoryduties, age, the use o alcohol or drugs, duties, attractive nuisances, GoodSamaritan laws, insurance issues, proximate cause, and oresee-ability.

These and many other nuances make this a very complicated area o thelaw.

Typical examples o negligence cases include the ollowing:

Accident Cases, All Types

Slips And Falls

Medical Malpractice

Birth Injuries

Traumatic Brain Injuries

Spinal-Cord Injuries

Wrong ul Death Premises Liability

Lead Poisoning

De ective Products

Burns

Explosions

Toxic Torts


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Class Actions

A separate kind o negligence case involves medical malpractice,which generally involves a standard o care expected o a medical pro es-sional that is not met, resulting in damages to the injured party.

Medical malpractice cases may result rom ailure to properly diag-nose a condition, surgical error, ailure to treat properly, ailure to prop-erly monitor a condition or situation, ailure to get a patients in ormedconsent, and a number o other causes.

Generally speaking, we will consult with a third-party specialist in thesame area o medicine to determine whether or not there was a departurerom the standard o care (that is, whether malpractice was committed).

3. Strict Liability

Certain states have specifc statutory provisions that make a person orentity strictly liable or a persons injury. For example, certain states recog-nize some or all o the ollowing strict liability torts: parents being heldstrictly liable or an act o their child; workers compensation making anemployer liable or an employees injuries; owners o pets that bite people

being held strictly liable or the pets actions; and certain cases involvingtoxic torts.

I a party causes you to be injured through his or her negligence, youare entitled to compensation or your injuries, which will entitle you tomonetary damages.

Damages are supposed to compensate the injured party or a numbero losses, which could include the ollowing:

Medical Bills (Past And Future)


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Out-O -Pocket Expenses

Past Lost Wages

Future Lost Wages

Pain And Su ering

Permanent Injuries

Punitive Damages (In Extraordinary Cases)

The methods o calculating these damages and a great number o other issues involved make negligence cases an extremely complicated anddi fcult area o the law.

The importance o contacting us at the earliest possible opportunitycannot be overemphasized. Do so at the earliest possible moment.


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C H a P t e r 3

Types and Causes of Child Injury Cases

Children and teens are at a high risk or many types o injuries that cancause li elong injuries or even death. Child injuries could involve any o the ollowing types o cases:

Birth Injuries

Paralysis

Su ocation

Drowning Accidents

Choking Injuries

Traumatic Brain Injuries

Wrong ul Death

School Bus Accidents

Mass Transportation Accidents


Firearm Accidents

Dog Bites/Animal Attacks

Swimming Pool Accidents


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Recreational Injuries

Pediatric Malpractice

Fetal Death

Window Falls

Premises Liability

The ollowing is a partial list o the types o activities or perils thatpose some o the greatest threats to the health and sa ety o our childrenwhich include:


In 2005 in the United States, 1,335 children ages 14 and under

died as occupants o motor vehicles in accidents and approximately184,000 were injured as reported by the Center or Disease Control andPrevention (CDC). On average, 4 children die each day in motor vehicleaccidents and more than 500 are injured.

The risk actors or these accidents are varied but could include theollowing:

Alcohol: Approximately 25% o child occupant deaths inmotor vehicle accidents involved alcohol and more than 66%o these atalities involved children being in a vehicle with adriver who had been drinking.

Front Seat Passengers:

Children under the age o 16 whoride in the ront seat o a motor vehicle have a 40% greaterchance o being seriously injured in a motor vehicle accidentthan i they were sitting in the back seat.


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Day of the Week and ime f Day: In 2008, one hal o all teenage motor vehicle deaths occurred between 3 pm andmidnight and 56% occurred on Friday, Saturday or Sunday.

Pedestrian Accidents

In the United States, motor vehicle accidents account or twentypercent o all deaths among children ages 1 to 14 and pedestrian injuries

account or one third o them as has been reported by the Center orDisease Control and Prevention (CDC).Pedestrian injuries are more severe on average than injuries to occu-

pants o motor vehicles. Death to pedestrians is fve times more likely tooccur. In a one year period o time, it was reported that 533 child pedes-trians were killed and at least 30,000 children were injured in tra fc acci-

dents. Another 200 children were killed in non-tra fc situations whichinclude places like driveways, walkways and parkway lots. A major causeo these deaths result rom traumatic brain injuries.

The type and cause o child pedestrian accidents is largelydetermined by a childs age and sex. Boys statistically are more likely to

be injured than girls. Generally, children are more likely to be involved ina pedestrian accident in an urban area, on a residential street, in the latea ternoon or early evening. At risk children include those who dart outinto tra fc in the middle o a block, those who run across intersectionsand those who run out while exiting buses.

All age groups share certain common risk actors. Perhaps the greatest

risk actor is a parents unrealistic expectation o their childs level o understanding in the dangers posed in crossing streets and intersections.


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Drownings

In 2007, the CDC reported that there were 3,443 atal drownings

in the United States, averaging nearly ten deaths per day. Additionally,another 496 people died as a result o boating accidents.

More than 20% o all drowning victims are children under the ageo 15. For every child who drowns, our are treated in emergency roomsor non atal submersion injuries. Non atal drowning can cause brain

damage that may result in li elong disabilities including memory prob-lems, learning disabilities and loss o basic unctioning skills.

In 2007, males were almost our times more likely to die romdrowning than emales. Additionally, o all children ages 1 to 4 who diedrom an injury, almost one third died rom drowning, which is the secondleading cause o death or demographic.

The major actors in drowning incidents include:

Lack o supervision and lack o encing;

Lack o oatation devices or li e jackets;

Alcohol or drug use;

Seizure disorders or health problems; Lack o swimming skills; or

Swimming in natural water settings such as oceans, rivers orother waterways.

Playground njuriesThe CDC reports that each year over 200,000 children under the age

o 15 are treated in emergency rooms in the United States as a result o


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playground related injuries. Approximately three quarters o all non atalinjuries related to playground equipment occur on public playgroundswith the majority o those taking place at schools and daycare centers.

For the ten-year period ending in 2000, 147 children ages 14 andyounger died rom playground related injuries. O those children, morethan hal died rom strangulation and approximately one f th died romall related injuries onto the playground sur ace.

Perhaps surprisingly, girls sustain more than 50% o these injurieswhile children 5 to 9 have higher rates o emergency room visits. Onpublic playgrounds, more injuries occur on climbers than any other typeo recreation equipment while in residential settings, swings cause themost injuries.

In general, playgrounds in low-income areas have more maintenancerelated problems than in high income areas, which could give rise to avariety o other negligence claims.

Fall njuries

The CDC reports that alls are the leading cause o non- atal inju-

ries or all children under 20. Each day, approximately 8,000 children aretreated in emergency rooms in the U.S. or all related injuries. This fgureadds up to almost 3,000,000 children per year who are injured in alls.

Parents should take the ollowing preventable measures to help insurethat their children are less likely to be injured in a all.

Per orm sa ety checks o playground equipment that yourchildren use including making sure there is a so t landing sur-ace below the play area;


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Have your children wear protective gear when engaging insports activities including wearing a helmet; and

Make sure your children are properly supervised wheneverthey are engaged in activities that create heightened incidentso possible injury.

Dog Bites

According to the CDC, about our and a hal million people arebitten by dogs each year. In 2006, more than 31,000 people underwentreconstructive surgery as a result o having bitten by a dog.

Dog bite related injuries are highest among children ages 5 to 9 yearsold and children given their smaller size, are more likely to receive medical

attention than adults. A high percentage o child attacks by dogs arebitten on the ace, head and neck and the most severe injuries, on average,occur in children under 10.

Children who have a dog in their home are more likely to su er a dogbite injury and as the number o dogs in the home increases so does theincidents o dog bites. A resident with two or more dogs in their home

is fve times more likely to be bitten than those living without a dog.Most states, with ew exceptions, hold the owner or keeper o a dog orpet strictly liable or the injuries sustained by another as a result o theactions o the o ending pet.

Sports and ecreational Accidents

Approximately 30 million children and teenagers participate in orga-nized sports in the United States each year and approximately 3 millioninjuries occur each year as a result o these activities.


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The ollowing estimations rom a number o published reportshighlight the dangerous nature o sports related activities:

Approximately 3 million children and teens under 15 get hurtannually playing organized sports or by participating in rec-reational activities.

The leading cause o death in a sports related injury is a brain

injury. Sports and recreational activities account or more than 20%

o all traumatic brain injury cases among children and youngteens.

The majority o head injuries are sustained in bicycle, skate-board or skating accidents.

More than three quarters o a million individuals under 15years o age are treated in hospital emergency rooms or sportsrelated injuries.

Playgrounds, sports and bicycle related injuries occur mosto ten in children between the ages o 5 and 14.

Nearly 80,000 children ages 5 and under were treated in hos-pital emergency rooms or trampoline related injuries.

Most organized sports related injuries occur during practice.


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Although statistics o sports related injuries in children and youngteens ages 5 to 14 are somewhat di fcult to compile, consider theollowing estimates or a given year:

Basketball: Nearly 200,000 children were treated in hospitalemergency rooms;

Baseball/Softball: More than 115,000 children were treated

in hospital emergency rooms or baseball related injuries whilemore than 25,000 students in the same age range were treatedor so tball related injuries. Baseball has the highest atalityrate or this age group or sports activities;

Bicycling: More than 300,000 children were treated or inju-

ries in hospitals while more than 200 students die each yearin bicycle accidents;

Cheerleading: Although this sport involves a slightly olderdemographic, and results in a large number o catastrophicinjuries, more than 20,000 cheerleading injuries result in hos-

pital emergency room visits each year; Football: More than 150,000 ootball related injuries result

in a visit to a hospital emergency room;

Gymnastics: A leading cause o injury or girls, more than25,000 visits are made to hospital emergency rooms or gym-nastic injuries;

ce ockey: This sport accounts or approximately 18,000visits to hospital emergency rooms;


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ce Skating: Results in more than 10,000 emergency roomvisits each year;

n-line Skating and oller Skating: These sports activi-ties involves more than 37,000 visits to hospital emergencyrooms;

Lacrosse: One o the astest growing team sports in the U.S.,

lacrosse accounts or many injured related emergency roomvisits each year;

Skateboarding: This activity results in over 25,000 visits toemergency rooms due to injuries;

Sledding: Sledding involves over 7,500 injury related emer-gency room visits;

Snow Skiing/Snowboarding: Snow skiing injuries result inhospital emergency room visits approximately 30,000 eachyear while snowboarding injuries involves approximately onethird that number o visits;

Soccer: More than 75,000 soccer related injuries involveemergency room visits; and

rampoline: More than 75,000 trampoline related injuriesresult in hospital emergency room visits.


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Fire and Burn njuries

Every day over 400 children under the age o 20 are treated in emer-

gency rooms or burn related injuries and sadly, two children a day die asa result o their burns. Younger children are more likely to sustain burninjuries that are caused by hot liquids while older children are more proneto su er burns caused by fre.

Death rom fre and burn injuries are the f th most common cause

o death in the United States as reported by the CDC. On average,someone dies in a fre every three hours in the U.S. and someone is injuredapproximately every hal hour.

Most victims die as a result o smoke or gas inhalation and not romburns. The leading causes o fres are smoking and cooking with alcoholwhich are involved approximately orty percent o the time. Males account

or approximately two thirds o all fre/burn injuries and children under4 are at the greatest risk or child injuries or death.


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C H a P t e r 4

Potential Theories of Liability in Child Injury Cases

egligence: Negligence is a very broad theory o the law, which is anallegation or accusation made about a persons conduct. Negligence lawhas developed over hundreds o years and is meant to provide judges andjuries with a standard to judge a persons behavior that could be exibleenough so the rule could be applied to various individuals in a variety o

circumstances.Negligence is broadly defned as the ailure to act as a reasonable

person under the same circumstances and in the same situation. Aperson is negligent i he or she does something that a person o ordinaryprudence would not have done under similar circumstances. A person canbe negligent by ailing to do something that a reasonable person wouldnot have done.

The negligent party must also owe a duty to the injured party (i.e.to not hit their vehicle in their lane o tra fc), must breach that duty (i.e.hit their vehicle in their lane o tra fc), and the injured partys damagesor injuries must result rom this breach o duty.

An exception to the above rule involves the conduct o children.Certain states hold that young children, generally speaking under 7years o age, are incapable o negligence. Other states hold a child to


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the reasonable person standard o a child the same age, or example, an8 year old might be judged by the ordinary standard o care a reason-able 8 year old. In certain instances, a minor child might be held toan adult standard i the child is engaging in an adult activity, such asoperating a motor vehicle. In other situations, a third party might bestrictly liable or a childs injury despite the act that the third party didnot act negligently.

Every day in the United States, in ants, toddlers, children, teenagersand young adults are involved in a variety o accidents that cause seriousinjuries or sadly, even death. Many o these injuries and the problemsthey create could have them avoided i proper supervision was providedby a responsible adult or i proper precautions or sa ety measures hadbeen taken.

Childhood injuries can cause li elong damages and disabilities o a physical, emotional, psychological, and fnancial nature on a child.The children and their amilies who su er these injuries are entitled tocompensation or all past and uture damages which are su ered as aresult o the ault o another.

When an injury to a child occurs it is extremely important to ullyinvestigate all potential causes o action available against all potentiallyresponsible parties. I your child has been injured in some type o acci-dent, you could potentially assess liability based upon one or more o theollowing legal theories: Presumption of o egligence: In many instances, in order todetermine i you have a case against another party you have to look atthe negligence o the injured person. In cases involving children, they will


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generally not be held to the standard o an adult, unless they engage incertain adult activities such as operating motor vehicles.

In many states, however, children by statute are presumed to beincapable o negligence below a certain age which generally speaking isaround 7. In certain states, children between the approximate ages o 7and 14 are presumed to be incapable o acting negligently although thisstatutory presumption is rebuttable.

Family Car Doctrine: The amily car doctrine, or as it sometimesis re erred to as the amily purpose doctrine was developed under thetheory that i the head o a amilys home gives permission or otherpeople in the amily to use the amily motor vehicle then the operator o the car acts as the agent o the owner. Under the amily car doctrine, i a husband allows his wi e to use his car and then causes an accident withthe car, then the husband will be legally responsible or the injured partysdamages. The same might hold true, depending upon the law o the stateand the insurance policy, i a licensed child driver uses his parents carwith permission and injuries another person.

Parental Liability: Most states hold that a parent is responsible or

the damages and injuries caused by their minor childs negligent, inten-tional or criminal acts. Generally speaking, this means that the legalguardian or parent may be held vicariously liable or the acts o theirchildren and the law might hold them personally responsible or theresulting damages. Parental liability may depend upon a parents knowl-edge o their childs prior behavior or i they engage in criminal conduct.State statutes requiring that a parent be liable or their childs actionsvary widely depending upon the act committed and the amount that theparent must pay. Some states even place an artifcial cap on the amount o


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money a parent must pay as a result o the negligent, reckless or criminalactions o their child.

egligent iring, raining, Supervision or etention: In certaininstances, an employer can be held vicariously liable or the actions o their employee or agent or negligent hiring, training, supervision orretention.

Negligent hiring is where an employer hires an employee, whichthe employer knew or should have known could not properlyper orm the job or which they were hired to do, which resultsin some harm to another.

Negligent supervision occurs when an employer ails to properly monitoror supervise an employee and some type o injury or damage ows romthat conduct.

Negligent training is where the employer ails to properly train theemployee so as to prevent the employee rom engaging in acts which harmothers.

Negligent retention results rom a situation where an employer ails

to properly remove an employee rom his or her position once it becomesapparent that the employee is not properly per orming his or her unctionin a way that poses a danger to others and causes harm to another. egligent ntrustment: Generally speaking, a negligent entrust-ment case arises when one party (the entrustor) allows another party (theentrustee) to possess or use a dangerous item (such as a motor vehicle orfrearm) who the entrustor knows or should have known was likely to useit in an unreasonably risky manner and was not competent to use suchitem. In such a case the entrustor could be held to be vicariously liable or


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the injuries and damages caused by the entrustee in using such item whichcauses injury to another.

he Doctrine of Attractive uisance: The law o attractivenuisance holds that a property owner may be held liable or injuriessu ered by children who trespass on to the landowners property i theinjury is caused by a hazardous object or condition on the persons prop-erty that is likely to attract children on to their property and where the

child or children that cannot appreciate the serious risks associated withthe hazardous object or condition.

In determining the liability o the property owner, courts canlook to whether or not the owner knew or should have known: thatchildren could trespass near the hazard; the type o hazard and therisk posed; whether the children could appreciate the risk involved;the importance o the property owner in maintaining the hazard; howdi fcult it would be to remove the hazard in relation to the risk posed;and whether the landowner took reasonable steps to protect childrenrom the hazard.

Examples o attractive nuisances could include: swimming pools;

trampolines; construction debris; abandoned appliances and motor vehi-cles; and exotic or dangerous animals.

Failure to nspect , Maintain and Warn: Property owners have aduty to properly inspect and maintain their property in a reasonable andsa e condition and to warn or protect others rom dangerous conditions,which they know o or should have known o . These same owners and/or possessors have a duty to properly inspect their property to makesure it is sa e or persons using that property. When a property and/orpossessors owner ails to properly inspect their property to discover an


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unsa e condition which causes injury to another that owner may be heldliable or the damages and injuries incurred by the third party.

Examples o dangerous conditions that should be inspected by theproperty owner and/or possessors, which could result in liability mightinclude:

Standing, pooling or dripping water on a sur ace;

Ice or snow;

Inadequate lighting;

De ective cracked or chipped ooring;

Improperly secured oor coverings;

Stairs, steps, or handrails that are dangerous and/or

de ective; Hidden or concealed hazardous;

Slippery substances on sur aces;

Mechanical mal unctions;

Failure to repair broken or de ective items;

Dangerous or de ective playing felds; or

Rusted, broken, or damaged playground equipment.

I a negligent properly owner and/or possessors ails to properlymaintain, inspect, repair, replace or warn others o hazard, which theyknow o or should have known o then the injured party or parent o an injured child could make a claim against the negligent property ownerand/or possessors.


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Strict Liability: Strict liability, which is sometimes re erred to asabsolute liability, imposes liability on one party despite the act thatthis individual was not at ault or negligent and despite the act thatthe injured party may not have used reasonable care. Under the theoryo strict liability, an injured party need only establish that he or she washarmed in a specifed way in order to collect compensation.

Examples o strict liability cases could include:

Product Liability: A manu acturer or seller o a de ectiveproduct may be held strictly liable or the products thatcaused injuries and have been shown to be de ective. Thesecould include cases involving children who were injured bydangerous or poorly designed toys, car seats, booster seats,

cribs, strollers, and other items typically used by children; Animal Attacks: Most states, with a ew exceptions, hold the

owner or keeper o an animal liable or damages and injuriescaused by their animal; or

Workers Compensation: Employers are held strictly liableor their employees damages and injuries which are su ered bythe employee during the course o their proper employment.

Signed Waivers or eleases: The law o signed minor waivers orreleases vary rom state to state but generally speaking a minor is not

legally competent to enter into a binding contract such as a waiver orrelease. The only way or a minor to be bound would be to have theminors parent or guardian sign on their behal . Even in this instance, acourt might not allow a parent to contractually waive their childs right


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to sue or damages. Additionally, some states might not allow a party towaive a claim or gross negligence or the waiver or release might be oundto violate public policy considerations and there ore not be en orceable.


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C H a P t e r 5

Types and Causes of Wrongful Death Cases

Wrongful Death Claims

Basically speaking, a wrong ul death case results when a person diesand the survivors are entitled to fle a claim against the responsible partyor entity. The causes and types o wrong ul death actions can include: anytype o accident case; medical malpractice which includes cases against

doctors, hospitals, nursing homes, or other healthcare providers; de ectiveproducts; workplace accidents; other negligent acts; or criminal or inten-tional conduct. Depending upon the laws o the jurisdiction that applyto the wrong ul death action, obtaining compensation rom the at aultparty or parties may or may not require proo o negligence.

A wrong ul death action is unique in that it originally did not existunder the common law principles o jurisprudence that ormed the basis o our legal system. Originally, it was held that a claim involving the death o aperson died with the victim because there was no way to compensate thatindividual or their damages. The surviving amily members were precludedrom claiming damages rom the party that caused their loved ones death.

Wrongful Death Statutes

Over the years, states began enacting wrong ul death statutes orlaws that provide or a method or means o obtaining compensation or


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pedestrians are sa eguarded against injury or death by negligentdriving maneuvers. Un ortunately, or the approximately 38,000people who died in motor vehicle accidents in 2008, this wasnot the case. In addition to obeying tra fc laws, drivers musttake into account road conditions, tra fc ow and hazards andadjust their driving accordingly so as to not operate their vehi-cles in a negligent or reckless manner.

Medical Malpractice:

Medical malpractice is an increasingly common cause o wrong-ul death. Medical and healthcare pro essionals have a duty toprovide treatment and care in accordance with acceptable stan-dards o practice. Wrong ul death medical malpractice occurs

when a medical pro essional negligently ails to deliver appro-priate medical care to a patient who consequently dies. Thedeceased patients amily members, through the decedents legalrepresentative, can bring wrong ul death claims against doctors,hospitals, nurses, psychologists and other healthcare providerswho are responsible or the negligent care and causally relateddeath o the patient.

Because o the complicated nature o a wrong ul death action and dueto a number o considerations, not the least o which are notice provi-sions and statute o limitation deadlines, it is extremely important thatan experienced wrong ul death lawyer be contacted at the earliest possible

moment.


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C H a P t e r 6

Your Childs Personal Injury Case

It is important to adhere to at least the ollowing steps a ter your childhas su ered personal injuries.

alk o o ne About Your Childs Accident

Do not talk to anyone about the accident except one o the lawyersor representatives o our o fce. Do not even talk to your own insurance

company, or any lawyers hired by your own insurance company, withoutnoti ying us so that we may be present i we wish. Generally, we will wantall statements to be taken in our o fce. Remember, you may unknowinglyhurt your case by statements you make without our assistance.

Keep Your Doctors nformed

You should return to each o your childs doctors as o ten as neces-sary and tell them about all o your childs complaints. You child shouldnot minimize their ailments to the doctors. Your childs descriptions o their injuries and symptoms help the doctors determine how to treat yourchild, and doctors will keep records o these complaints. It is important

that you not cancel scheduled appointments with your childs doctors,which might later be construed to mean that your child was really not inserious pain or in need o medical care. Be sure we are advised immediately


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o the names and addresses o all o your childs treating physicians,including specialists you may be re erred to by your amily physician orgeneral practitioner. Please keep a detailed list o every appointment andthe amount o every bill.

Gather Your nsurance Policies

To ensure that you obtain all coverage and benefts available, we will

examine your insurance documentation, including your health insurancepolicies. It is important that you provide us with complete copies o allinsurance policies, including the declaration pages that were in e ect onthe date o the accident, as well as the policy and declaration pages o allautomobile polices o any relative living with you. Additional beneftsmay be available to you.

Arrange For Payment f Bills

You should submit all medical bills to your motor vehicle insurancecarrier (i your policy includes medical payments coverage) and then toyour health insurance carrier. You must also send copies o all your bills,including prescription charges, to our o fce.

Keep A ecord f Complaints

Please keep a daily diary o your childs complaints and progress.Make sure that you write on the ront o your diary Prepared or MyAttorney Which Contains Privileged In ormation. Your childs diary

should include problems encountered, such as sleepless nights, inabilityto per orm certain activities, visits to the doctor, and dates on which youhave to hire help. This diary can be very use ul. A year later, you will not


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the pictures on the back o each photograph. I possible, you should alsoe-mail us these pictures.

Photographic vidence f he Severity f he Crash

I your child has received any bruises on their body caused by theseat belt or by striking part o their body against something inside thecar, you should take photographs o these injuries. The photographs will

be used to demonstrate the severity o the impact.Even though there may be slight or minimal damage to the vehicle,it is important to take many photographs o any and all damage. Youshould keep all photographs and provide this o fce with copies o boththe photographs and any estimates or bills you are given or the repair o damage to the vehicle.

Preserve ecords f Medications

Another very e ective way o demonstrating the amount o painyour child has su ered is to keep a very accurate record o all prescribedmuscle relaxers, pain medication, or other medicines taken by your childto obtain any type o relie .

Contest raf c ffenses

Never plead guilty to any tra fc o ense. I there was an arrest inconnection with the accident, call our o fce immediately. We will see thatsomeone represents or advises you.

Witnesses

Immediately urnish us the correct names, addresses, and telephonenumbers o any and all witnesses to the accident.


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Save Your Cast

I your childs injury requires a cast, brace, traction, or other appli-

ance, save it or evidence at trial. You should noti y us that you are keepingthese items, and when the case is set or hearing, you should bring themwith you.

Send Photographs

Send us prints o and, i possible, e-mail us any photographspertaining to your childs case taken by you or any o your amily orriends. Be sure to have pictures taken o all your childs injuries as soonas possible a ter the accident. I your child is required to remain in orreport to a hospital and are administered any treatment, such as tractionor physical therapy, have pictures taken o that as well.

Submit ospital And Doctors Bills

Have your own automobile insurance carrier pay as many hospitaland doctors bills as possible under the payment provision o your policy.You should also have your medical insurance, such as Blue Cross andBlue Shield, pay as many o your childs bills as possible. Doctors andhospitals are more cooperative when their bills are paid. You should notexpect them to wait to receive payment until your case is tried or settled.You should, there ore, pay any balance as soon as you can.

Copy And Send s Bills And eceipts

It is very important to provide us with copies o all your childs billsand receipts or any and all accident-related expenses.


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Settlement f Claims

This o fce will attempt to settle any and all claims with the insur-

ance companies prior to commencing suit. We will not be in a position toattempt to settle any claim until such time as your childs treating physi-cian declares that your child has reached maximum medical improve-ment and urnishes us with a fnal medical report. Naturally, we willdiscuss the value o your childs case at that time.

Contact And Questions

We may not contact you, except as already noted, to receive updateson your childs condition until we have something defnite to report. Wewill be contacting you or depositions, or answers to interrogatories, andwhen your childs case goes to trial, which may be many years a ter your

suit is fled. I you have any specifc questions regarding these instructionsor want to discuss any other matters concerning your childs case, pleaseeel ree to call or write us.

Your Address

Be sure to keep us in ormed o any change in your physical address,telephone number, or e-mail address.


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C H a P t e r 7

Why It Is Important To Hire A Lawyer

You should be aware that studies have shown that experienced lawyers cannegotiate settlements and obtain judgments that are o ten considerablyhigher than what the injured parties can negotiate or themselves. In otherwords, in most cases, you will do better o a ter paying a lawyer than youwould i you attempted to negotiate your own settlement with insurance

company claims adjusters.

Claims Adjusters

Insurance company claims adjusters are pro essional negotiators whohave extensive experience in dealing with claimants who are not repre-sented by attorneys. These adjusters use an array o psychological tech-niques, including intimidation and be riending you. Their methods aredesigned to get you to accept the least amount o money possible oryour claim.

Claims adjusters know that i they can keep the injured party negoti-ating, there is a very great chance that a settlement avorable to the insur-

ance company will be obtained. Claims adjusters also know that in almostevery case, injured parties will not fle a lawsuit on their own because theydo not have the required level o skill, expertise, or experience. They o ten


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eel that their only option is to obtain some type o settlement rom theinsurance company.

In many instances, claims adjusters will discourage or dissuade injuredparties rom hiring a lawyer by telling them that lawyers ees will cost agreat deal o money, leading claimants to conclude that they shouldntpay a lawyer to do something they can do or themselves.

Insurance companies utilize a number o di erent types o computer

programs to analyze personal injury cases in an e ort to give insuranceadjusters little, i any, discretion in negotiated settlements. This strategywill ultimately result in lower settlements or injured parties.

In addition to the above considerations, there are many compli-cated issues that arise in a personal injury or medical malpractice case.These various legal issues are raught with potential problems and areso complex that sometimes they can even be the subject o a malpracticeaction against an attorney who improperly handles a case. A nonpro es-sional has little chance o navigating these depths success ully without anexperienced attorneys assistance.

Statutes f Limitations

The statute o limitations is the time period specifed by law withinwhich an action must be fled. I you do not fle within the applicablestatute o limitations period, your claim could be subject to dismissal,preventing you rom pursuing the claim regardless o the merits o thecase.

Statute o limitations dates vary rom state to state. Some statesprovide that the action be fled within the applicable time period rom


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the date o the injury, while other states allow or a tolling, or extension,o the fling period rom the date o discovery o the injury.

Under certain circumstances, i the claimant is incompetent or is aminor, some states allow or a tolling o the statute o limitations untilthe claimant becomes competent or reaches their majority.

otice Provisions

There are also certain notice provisions that have very short limita-tion periods, especially those that relate to local, state or ederal govern-mental entities. In certain circumstances, i you do not comply with thestatutory notice provisions, you may lose the right to fle your lawsuit,even i you act within the applicable statute o limitations period.

The statute o limitations in any particular case may be somewhat

di fcult to calculate, because a claim may involve di erent causes o actionagainst di erent de endants. Once you miscalculate when the statute hasrun or ail to properly provide statutory notice, your claim may be oreverbarred despite its validity or the extent o your damages.

Joint And Several Liability

The doctrine o joint and several liability holds that a number o de endants who engaged in separate and independent acts o negligencethat combined to cause a single injury are held to be jointly and severallyliable. In other words, i one party was 1 percent at ault and the otherparties were 99 percent at ault, the party who was 1 percent at ault

could be held responsible or 100 percent o the damages su ered by theinjured party.


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The law o joint and several liability varies rom state to state, and anumber o states have somewhat complicated variations or modifcationso this rule.

Vicarious Liability

Vicarious liability concerns the ability to hold institutions orcompanies liable or the acts o their nonemployee a fliated personnel.

For example, in some states, a hospital may be liable or the negligence o a physician acknowledged to be an independent contractor, while in otherstates; hospitals may not be liable or the acts o nonemployee memberso the medical sta .

xpert estimony

In certain states, a plainti in a medical malpractice suit must fle acertifcate o good aith, or a similar document, that states that a medicalexpert has reviewed the fle and has determined that there is a good- aithbasis or a malpractice claim.

hreshold Limits

In some states, your injuries must exceed a minimum threshold o seriousness be ore you are allowed to fle suit. Some states defne seriousinjury as an injury that results in death, dismemberment, signifcantdisfgurement, a racture, permanent loss o use o a body unction, orother signifcant permanent disability. In other states, be ore you can fle

a suit, your medical bills must exceed a certain dollar fgure or you mustbe out o work or a certain number o days.


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Damage Caps

A growing number o states place artifcial caps on the amount o

money an injured party is able to obtain or his or her injuries. This capmay apply whether the claim is or an injury or a death.

Collateral Source ule

In certain states, the negligent party is allowed to o er evidence o certain collateral or other payments that the injured party has received,which in ormation could then be used to reduce the award that theresponsible party has to pay.

Last Clear Change

This legal principle holds that i a plainti has the last opportunity

to avoid an accident or an injury and ails to do so, that party will thenbe held solely responsible or their injuries regardless o the negligence o the person who caused the injury.

Prejudgment nterest

Certain states allow or the court or jury to provide interest on theaward made to the plainti . The interest rates and commencement periodor the accumulation o interest vary rom state to state.

Assumption f isk

This legal doctrine provides that a plainti who has knowingly and

voluntarily exposed himsel or hersel to a dangerous condition or situa-tion that results in an injury may not be entitled to compensation on thegrounds that the plainti has assumed the risk and agreed to accept theconsequences.


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mmunities

A number o states provide immunities in specifc cases, generally

to governmental entities and their employees. Certain states provide orabbreviated notice provisions, which means that you have a much shorterperiod o time in which to provide a required notice to a governmentalagency or employee by way o a state agency or claims commissionerbe ore a claim can be reviewed.

Doctrine f Sudden mergency r navoidable Accident

Some states hold that even though a party causes an accident andcauses injuries to another, the responsible party may not be held liableor the resultant injuries i it is determined that an actual emergencyexisted, which perilous situation was not created by the party causing the

accident, and the responsible party when con ronted with the emergency,chose a course o action that would or might have been taken by a persono reasonable prudence in the same or similar situation.

Contributory egligence

Certain states ollow the principle o contributory negligence, whichstates that a plainti is prevented rom recovering or damages caused bysomeone elses negligence i he or she contributed to or was in any wayresponsible or the negligence or injury.

Comparative egligence

Certain states ollow the principle o comparative negligence, whichstates that a plainti s damages may be reduced i the plainti is in anyway at ault or the accident or injury. In some states, i the plainti is


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ound to be 50 percent at ault, no damages will be awarded. In otherstates, whatever the plainti s percentage o ault is in the accident orinjury, the award will be reduced by the same percentage.

vertreatment

Claims adjusters o ten allege that the injured party was over treatedor the injuries that he or she sustained as a result o their clients negli-

gence. The adjuster may also claim that excessive tests were ordered orthat the injured party was overcharged or treatment.This list o potentially problematic legal issues represents only some

o the matters that must be investigated be ore proceeding with a claim.I any one o these issues is overlooked or not dealt with properly, veryserious negative consequences could ensue, not the least o which could

be the dismissal o your case without any prospect o recovering anythingin the uture.

Conclusion

Although the a oresaid legal issues and principles have been discussedin general terms it is important to consult with a lawyer at the earliestpossible opportunity to review the acts o your case so you can getspecifc advice as to how to proceed.


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C H a P t e r 8

Ten Things You Can Do To Improve The Value Of Your Childs Case

People o ten make mistakes that can have a very negative impact upontheir serious injury case. Your actions are vitally important, and you canhelp improve the value o your case by doing at least the ollowing:

1. eturn o he Site f he Accident

I your child has been involved in some kind o accidentwhetherit is a motor vehicle accident, a slip and all accident, or an accidentwhereby your child received some type o injury through someone elsesaultyou should return as soon as possible to the site where your childwas injured (pre erably not later than the next day).

I your childs injuries prevent you rom returning to the accidentsite, you should have someone else go there or you once you make thatperson aware o exactly what happened, where it happened, and what youneed or them to do in your stead.

You want to return to the site o the injury as soon as possible inorder to identi y and locate any evidence that might assist you in the

prosecution o your childs case and to take photographs o any and allconditions that might have caused or contributed to the accident or thatre ect the extent o the damage.


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Because an accident can happen so quickly, and because once ithappens, your child may be in a state o shock, panic, or con usion, yourchild may not remember many details about the accident. People aresometimes very surprised to learn o acts or situations that may havecaused their accident that they were not aware o at the time they wereinjured.

Your frst photograph should include a copy o that days daily news-

paper with the date o the paper clearly visible in the picture. This photo-graph will ensure that you do not orget when the pictures were taken.

At a motor vehicle accident site, you may be able to fnd skid marksthat should be photographed. I so, measure the skid marks and recordthese measurements with a magic marker on sheets o paper. Then placethe paper giving the correct measurement to one side o each skid markand photograph each mark. Each picture will thus show both the markand its length.

You might also fnd that a stop sign that was supposed to be postedat an intersection was not there, or perhaps a tra fc light turns greenin one direction while allowing le t-hand turns in the other direction,

or maybe a tra fc light was not working properly. You should also takephotographs o all such items.

You may fnd evidence o the collision at the point o impact. It isusually the area where dirt and broken glass remain as a result o the orceo the collision. You should determine where that point appears to beand photograph it. The evidence may indicate, or example, that the otherdriver crossed over into your lane and caused the accident.

In the case o a all, you may be able to photograph some evidenceo a de ect that caused you to all be ore the de ect is repaired.


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You should take a great many photographs rom every possible angleso that people who are un amiliar with the accident scene will be able tounderstand the physical layout o the site just by looking at your pictures.Your pictures should answer any questions about where the accident scenewas and how it appeared.

I possible, photograph the accident site at the same time o dayas when your accident occurred, unless conditions are such that you are

unable to obtain good quality photographs (as when, or example, thereis insu fcient light). I you can, you should reproduce the same condi-tions that were present when your accident occurred.

2. Protect And Photograph Physical vidence

Determining who was at ault in a case can sometimes be deter-

mined by physical evidencesomething you can touch, see, or examine,as opposed to just describing or talking about it.

Examples o physical evidence include: skid marks, to establish thespeed o the vehicles; the point o impact o the collision; damage to thevehicles; holes in the sidewalk that caused a all; de ective or broken stairs

or walkways; and damaged, ripped, or blood-stained clothing.Physical evidence can also show the extent o the damage. Photographso the vehicles can establish the orce o the impact; a copy o your motorvehicle auto-body repair bill can establish the extent o the damage toyour vehicle; and torn or bloody clothing can dramatically show that yourinjuries were very severe.

I your childs case involves a de ective product, keep the product. I the case involves an injury due to a oreign object, keep the object. I the


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injury requires a cast, a brace, screws, plates, or any other appliance, saveit as evidence.

When taking pictures o physical evidence and eatures o the scenethat may have contributed to the accident, it is best to use a digital cameraor a camera that makes negatives that later can be blown up or enlarged.Have the flm developed immediately in case certain pictures did notcome out properly and need to be retaken, or e-mail us the photographs.

The person who took the photographs should also write on the back o each one the date on which it was taken and what the photograph depicts.You should also keep your receipt or the development o the pictures tourther veri y when they were taken.

3. Keep Detailed ecords And Document Your Case

Document all evidence and matters related to your childs case sothat the in ormation can be reviewed and used by us. Specifcally, youshould at least do the ollowing:

Keep an accurate record o all days lost rom work because o your childs injuries.

Obtain and duplicate copies o all medical, hospital, and drugbills, and keep a record o all other expenses related to thecase. Always keep receipts. Keep a list o the hospitals yourchild has been admitted to and the doctors and other healthcare providers your child has seen, noting the date and costs

o each such visit.

Keep a very accurate record o all prescription muscle relax-ants, pain medication, or other medicines your child has taken


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to obtain any type o relie . This can be a very e ective way o demonstrating the amount o pain your child su ered.

I your child has been injured in a motor vehicle accident, donot have your vehicle repaired until you have taken numerouspictures o the vehicle. Be sure to take pictures rom everyconceivable angle and rom di erent distances in order toshow all the damage. Write your name and the date on theback o each photograph.

I the vehicle has been damaged, get a repair estimate. Save acopy o the estimate to help establish the collisions severity.

I your child has received any bruises about their body, you

should take photographs o these injuries so that these can beused to urther demonstrate the severity o the impact.

4. Write A arrative f he Accident

Be sure to write a detailed description o exactly what happened onthe day and especially at the time o the accident. This description should

include very specifc in ormation as to the-who, what, when, where, why,and how o the event, i.e., any question that could possibly be askedo you or your child. Include in your description times, places, people,the place that your child was going to and why your child was goingthere, how the accident occurred, what parts o your childs body hit what

objects and what injuries your child sustained, where your child was takenand what was done or your child and by whom, and so on. Make sureyou write at the top o your narrative Prepared or My Lawyer WhichContains Privileged In ormation.


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5. Locate Witnesses

A witness to the accident can be an invaluable resource to urther

explain what happened and who was at ault. Witnessesideally, disin-terested third partiesmay be able to describe things your child did notsee or provide in ormation supporting your childs story.

Witnesses sometimes hear responsible parties make statementsdirectly a ter the accident, at a heightened level o excitement that he or

she would not have made later, a ter re ection or in a calmer moment.Examples o such excited utterances could include the ollowing: Oh,it was my ault, I meant to repair those stairs, or I just wasnt payingattention.

As soon as possible, get the names, addresses, and phone numbers o all witnesses to the incident or accident. You should also take notes as to

what each witness told you or your child or what they would be willing too er in the way o testimony.

It is important that these witnesses be contacted as soon as possible.The longer you wait, the less a witness may remember. This could a ectboth their credibility and their willingness to give us a statement. Another

concern is that it might be much more di fcult or us to locate a witnessi too much time has elapsed.

6. Do ot Give Any Statements

Do not discuss your childs case with anyone except us. Do not eventalk to your own insurance company or any lawyer hired by your own

insurance company without frst speaking with us. You may unwittinglyhurt your case by making statements without our assistance.


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7. Do ot Delay Contacting ur f ce

There are a number o reasons why you should contact us as soon

as possible. We will be able to counsel you regarding what you shouldand should not be doing. Your childs case might require the assistanceo a private investigator, who will want to look into the matter as soonas possible a ter the accident or incident. Evidence might need to bepreserved and statements might need to be taken. You will also want us

involved at the start o your childs case in order to preserve and protectany notice or statute o limitations dates.

8. Do ot Discuss Your Case With thers

It is not a good practice to discuss your childs case with others,because you could inadvertently say something harm ul to another party

that may later be used against you. Additionally, you may sacrifce the attorney-client privilege i you discuss your attorney-protected conversations with others.

9. Your Doctor

Your child should return to each o their doctors as o ten as neces-sary and tell them about all their medical complaints in as much detail aspossible. Your child should not minimize their ailments to the doctors, asit is one o the best ways or them to know how to treat your child andbecause the doctors will keep a record o your childs complaints.

It is important that you not cancel scheduled appointments with thedoctor, because this can later be construed to mean that your child was

not really in such severe pain or in need o medical care.


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I your child sees any additional doctors, be sure to advise us imme-diately o their names and addresses. You should keep a detailed list o every appointment and the amount o each such bill.

10. Follow Your Doctors And ur nstructions

It is imperative to ollow through with any advice or instructionsthat are given to you by us or by your health care pro essionals. Failure to

ollow these instructions could severely jeopardize your childs case.You should also be sure to provide our o fce with copies o allmedical bills, prescription charges, therapy bills, your motor vehicle esti-mate, all photographs and any other documentary evidence as soon aspossible.

I you ollow the steps in this chapter, you can avoid making costly

mistakes that could reduce the value o your childs case. It is importantto ollow all o the suggestions here to help us maximize the value o your childs case.


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C H a P t e r 9

Dealing With Your Childs Health Care Professionals In Improving The Value Of Their Personal Injury Case

When insurance companies evaluate a case, they consider your childsmedical care and treatment and how the injury has a ected your child. Inorder to increase the value o your childs case, it is important to keep inmind the ollowing points:

Insurance companies thoroughly examine an injured partys medical

records. It is extremely important to make sure that all o your childsinjuries, symptoms, problems, and restrictions on activities are expressedto their health care pro essionals so that these actors are recorded in theirmedical records. Today, doctors are very pressured and do not have muchtime to spend with patients. O ten, they seem to be very rushed. Hence,

it is important or you to ocus on your childs visit be ore you see thedoctor.

Ideally, you will want to choose a primary care doctor who conveysa sense o genuine concern, interest, and involvement in your childsmedical treatmentsomeone who instills a sense o confdence in you.Your primary care doctor will unction as the gatekeeper who grants

or blocks access to specialists. Choosing a good primary care physiciancould become vital in your childs ultimate recovery. Even i you are satis-fed that you have chosen a good primary care physician, i you eel you


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are being unjustly denied services you need, dont be a raid to request and,i necessary, fght or them. To fnd out i your doctor is board certifedand that his or her certifcation is up-to-date, call the American Board o Medical Specialties at 866-ASK-ABMS and inquire about your doctorsstatus.

Although a physical examination and various tests will ollow, thefrst step in your childs proper care and treatment is their initial descrip-

tion o your childs symptoms to the doctor. It is a good idea to preparea ull and accurate statement in advance o the appointment, in writingi possible, rather than waiting to organize your thoughts when you arein the doctors o fce. The added anxiety o the o fce environment maymake it more di fcult or you to clearly and accurately describe yourchilds problems.

You should also be prepared to give your doctor your childs completemedical history.

I you wish to minimize the amount o time you must wait tosee your doctor, you should ask or either the frst appointment in themorning or or the frst slot a ter the doctors lunch hour.

It would be help ul to tell your treating physicians about some or allo the ollowing:

1. ell Your Doctor About very Pain Your Child s xperiencing

As A esult f he Accident

Does your child experience a sharp pain, a burning pain, a dullpain, or an aching pain?


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C H a P t e r 1 0

Getting The Best From Your Childs Health Care Professionals

When your child is a patient with a serious injury, condition, or otherhealth care challenge, there are many things you can do, as a parent, toget the best care rom your childs medical providers. What you mustremember is that you are the captain o your childs health care team, and,ultimately, it is you who makes the decisions that a ect your childs care

and treatment.

You Are n Charge f Your Childs ealth Care eam

Be ore every doctors appointment, you should write down, in theorder o importance, all o your concerns, questions, and your childsmedical problems. I the doctor interrupts you, be sure you return toyour list o problems and concerns. Make sure you get answers to all o your questions be ore your examination is over.

aking Charge

1. Want Answers? Ask Questions! I you have questionsand,

yes, you should have manyask them o your childs doctors, nurses,therapists, and other health care providers. Dont be timid or shy. You arethe one who is most concerned about your childs health care, so be sureto ask questionsand lots o them.


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When t Comes o Your ealth, here s o Such hing As A

Dumb Question.

In act, its a good idea to start a health care notebook to keep arecord o your childs visits, symptoms, side e ects, pain, complaints, andall the medicines your child is taking, your questions, and the answersyou receive. Plan to ask questions about your childs current conditionand what to expect about your childs uture care. Dont be a raid to ask,Why? Make sure you write at the top o your health care notebookPrepared or my Attorney which contains Privileged In ormation.

Bring your notebook to all o your appointments so that you wontorget anything. Write down all the answers the doctor or other peoplegive you. Dont eel rushed. This is the time to get the answers you need.I you do not have time to write down all o the in ormation during

the appointment, make sure you make notes immediately a terward pre erably in the waiting room o the health care pro essionals o fce,while the in ormation is still resh and clear in your mind. There is a lotto keep track o , so keep a thorough written record o everything.

It you do not understand something, say so. Doctors are o ten in ahurry, but it is part o their job to listen to you and give you all the in or-mation that you need. Your doctor wants you to understand everythingso that you can do your part and actively participate in getting your childwell.

f You Still Dont nderstand Something, Keep Asking Questions.

2. Do ot Be ntimidated By Your Doctor. Make a list o what youneed to talk about and stick to it. You should always maintain eye contactwhen talking with your doctor. This will show that you are very serious


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about participating in your care and treatment. Do not let the doctoravoid answering your questions or make insensitive comments that gounchallenged. 3. ell Your Doctor verything. Be honest and detailed. Do nottell the doctor what you think you should say or say that your child isdoing better than they really are. You should be completely honest abouteverything your child is eeling, experiencing, and thinking. Talk about

your childs current condition- what is changing, what is better, whatis worse, and how your child is progressing. Tell the doctor about otherconditions your child experiences, what times o the day the symptomsoccur, what activities cause your child the most discom ort, and discussall the medicines your child is taking. I you think a medicine may becausing a problem, mention it. I you eel things are not progressingquickly enough, say so!

Be completely honest about your childs health habits. I your childmisses taking a medicine, say so. Tell the doctor i your child has beendepressed or anxious. Your childs doctor can only provide the best treat-menttreatment developed especially or your childi the complete

medical history is known. 4. ell Your Doctor f You Are nhappy With Your Childs Medical Care. People will o ten keep negative comments to themselves, earingthat complaints will create a bad doctor-patient relationship. In act,most doctors respect open and honest communication and communica-tive patients o ten receive better health care. 5. Keep All Your Childs ealth Care Professionals nformed. Tell each o your childs health care pro essionals about the other healthcare providers your child is seeing, what they are doing or your child,


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and what they are telling you. Whether your child is receiving physicaltherapy, or another treatment, each provider on your childs team needsto know the big picture in order to provide your child with the best care.You are the only person who knows everything that is going on, so youshould keep everyone on the team in ormed about your complete medicalsituation. 6. etwork With thers Similarly Situated. Whatever your childs

injury, condition, or situation, a national nonproft health organization isgenerally available to help people like you. These organizations can o era wide range o support and help ul advice rom people who knowexactly what you are going through. They can educate you about the latestnews and research and have toll- ree phone numbers, Web sites, newslet-ters, and sometimes even local support chapters that can help you. Askyour providers about an organization or you, or do some research on theInternet. 7. ducate Yourself Completely. An in ormed and knowledgeablepatient will get better treatment. The more you know about your childssituation, the di erent tests and treatments that are used or their condi-

tion, and the typical symptoms and how they can be expected to changeover time, the more you can be an active part o your childs health careteam. When a health care provider deals with an educated and in ormedpatient or parent o that patient, the quality o their care and attention islikely to improve. 8. ake Someone With You o Your Childs Appointments. Thereis strength in numbers. Sometimes, it is hard to keep track o all theadvice you get, the instructions you are given, and what you need to doto ollow up. Bring a amily member or a riend along with you to your


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childs medical appointments to assist you. This can make you eel morecom ortable and more confdent and help you to have a more in ormedconversation with the doctor or other health care provider. Your amilymember or riend can also help you take notes, ollow through on yourdoctors advice.

9. Second pinions Make A Lot f Sense. It is standard practicein the world o medicine to seek a second opinion. When you have a

serious condition or injury and are told that your child needs a test orcertain treatmentespecially surgeryit is a good idea to get a secondopinion rom another doctor. Find out i your insurance plan covers asecond opinion. Your doctor should understand this and should not beo ended when you say you plan to seek another opinion. Here are somepolite ways you can use to arrange or a second opinion.

f You Are old Your Child eeds Surgery or a complextest or treatment, tell the doctor or the o fce sta that youmust frst check with your health insurance carrier to see i itis completely covered.

Call Your ealth nsurance Carrier to determine i theprocedure itsel will be approved and i a second opinion iscoveredor required. I so, ask the health plan representa-tive or a list o other providers whose services the plan willcover or the second opinion. Be sure to write down the nameo the person you spoke to, the date and the details o

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