This is the next article in my series on the handling of childcare-related injury cases in Peoria and other Illinois areas. My last article discussed how damages are calculated in a daycare injury case. If a child has suffered personal injuries, then they may receive compensation for a lifetime of lost earnings. An experienced attorney can assist you with determining how a jury may evaluate your case. This article will continue that discussion by looking at how long it may take to settle such a matter. If you or a loved one are in need of assistance then contact our office today to speak with a personal injury lawyer.
Daycare accident cases should not be settled until the long-term damages can be determined
Parents should understand that it can take a substantial length of time to settle a case which stems from a daycare accident. This is due to the fact that the child’s long-term damages should be reasonably determinable before a settlement demand is made. If parents were to accept an early settlement, believing that the child would fully recover, then the child may be without needed money in the future if their recovery is poor. In other words, accepting a “quick” settlement may result in a situation where the amount received is not enough to cover the youth’s future lost wages, future medical bills, and future pain and suffering. The best way to ensure the maximum possible recovery is generally to wait until the long-term recovery prospects are reasonably known before sending a demand for settlement.
Consider the following example. Suppose Jack and Jill utilize childcare for their three-year-old son while they work during the day. Now suppose that the child suffers a serious head injury as a result of unsafe conditions at the facility. The child begins having dizzy spells and difficulties with coordination. Due to the child’s age, the doctor suggests waiting six months to a year before determining whether or not the child may have permanent brain trauma. The doctor also states that, in a large majority of similar cases, the child can be expected to fully recover. Jack and Jill, believing that the matter will be fine, accept an early settlement from the insurance company in the amount of $500,000. Unfortunately, one year later, it is clear that the child is in the minority of cases and that they can expect to have issues for the remainder of their life. This will greatly impact their earning potential and they will require ongoing care. In short, $500,000 did not come close to the economic losses, as well as pain and suffering, which the child will endure. If Jack and Jill had waited for a more permanent prognosis, the settlement amount likely would have been much higher.
It will likely be necessary to gain multiple medical opinions in cases which involve a serious injury. Once the chances of long-term recovery become more reasonably known, the family’s attorney will send a demand for payment to the insurer for the defendant. This demand will include a description of the incident, a breakdown of the amount that is being requested, and documentation demonstrating how that amount was arrived at. The insurer will typically respond with a counter-offer and the two sides will go back and forth in negotiations. If a settlement cannot be reached then it will be necessary to file a lawsuit.
Contact a Peoria daycare injury lawyer instead of negotiating with the insurance company directly
It is common for insurance companies to directly reach out to victims shortly after an injury. Quite often, these insurers will attempt to settle the matter quickly with the victims and will attempt to suggest that they should not involve a lawyer. It must be remembered, however, that these adjusters work for the insurance company. Their goal is to settle the matter for as little as possible and the long-term needs of your child is not part of that equation. By retaining an attorney, you gain a professional who is advocating on your side. This is why we generally suggest that individuals should tell such insurance adjusters that they may wait to hear from counsel.
If your son or daughter has been injured then contact my office today to speak with a Peoria daycare injury lawyer. I understand that nothing is more important than one’s child and my office will give your case the attention it deserves. My office is focused on protecting those who were hurt through no fault of their own and we look forward to speaking with you. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
