Involved in an auto accident, son was born 3 weeks early, what should I ask for HIS settlement?
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Involved in an auto accident, son was born 3 weeks early, what should I ask for HIS settlement?
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In the accident I was pregnant with my son, who was born 2 days after the accident due to a placenta abruption caused by the car accident. we are about ready to settle, but i dont know what HIS case is worth, could i get some help? has this happened to anyone you know, and could i get there stories? thank you all sooo much! I'm doing this with out the help of an attorney. Additional Details after he was born 1 month early due to the auto accident, he was put in the NICU for 3 days on oxygen and feeding tubes.
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safetymax@rocketmail.com
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I don't give advice of this nature, however I can possible give you some insight into procedure. First I trust your pregnacy went well and your son is healthy.
From your question, it sounds as though your insurance company has been representing you through out the process so far. I would suggest that leaving two insurance adjusters, even from different companies are still the equivalent of having "Cornel Saunders and Macdonald's" watching your chickens.
First Question is the Accident Investigation:
Were you taken from the scene of the accident by an Ambulance?
If yes, than that will provide written documentation and the necessry trail of evidence as to how you were responding as an accident victim immediately after the accident.
How soon were you examined by a doctor following the accident?
Immediately at the emergency of the local hospital? If yes, again this is documentation of how you and the baby were responding immediatley after the accident and the necessary documentation would all be held by the local hospital.
Now you make the claim that you suffered a "placenta abruption" were you given that diagnoise from a doctor at the hospital or by your personal physician prior to or after the birth of your son!
To be clear; was there a scan taken prior to the birthing that showed your placenta had been breeched!) A photo graph of the placenta shortly after the accident would be empirical evidence that the accident had infact caused any issuing damage be they emotinal or physical.
Have you seen a doctor since the birth and has a peditrician given your son a thourgh examination.
These are all the questions that you need to ask and make a chronological written report of WHAT HAPPENED!
The name of the Ambulance Company, Emergency Room, Attending Physican, Procedures taken, Your personal physician (if you have one) and most importantly the most recent reports from a pedirician in relation to your son's current condition and a consultation with your personal physician.
This may all seem alittle "Daunting at first" and you will possibly second guess yourself as to what you could have done better, however; the most important thing is primarily the peditricians report by a doctor that can render an opinion that your confident has not been predjudiced by the insurance company (their paying for the doctor's services could end up haunting you!) you need to know how your son is doing, as a mother you owe it to him because he is presently unable to tell you how he is feeling. (well to a point!) You also have to see your doctor and dicuss any unusual pain or suffering you may be feeling and have it documented.
#1 Once you have completed your choronological report and plugged in all the Who, What, When, Where, and Why of the accident, treatment received etc. etc .
#2 Start asking for referrals to a lawyer in your area that have handled cases for expectant mothers, "womens groups", Catholic Family Services, Etc. Etc. and if you hear the same name of a lawyer come up twice, make an appointment. Bring the chronological report to your first meeting and tell the lawyer that you have made an appoitment with the necessary physicians to render a opinion as to how you and your son are doing.
#3 Schedule the appointment (for your eyes only report on your son from a peditrician and one from your own personal doctor)
In relation to money people understand if you speak very clearyl telling that the insurance company is prepared to settle howver, you want the peditricians report and one from you family physician until you finialise the settlement, Doctor's will be more than happy to extend you some credit. The insurance company may become aggressive to finialize and again tell them that you are awaitig the finial reports from your son's peditrician. The more aggressive they become to close the more of a case they must feel you potentially have, "Don't mention Lawyer's".
The second meeting with the lawyer now having had the time to research your case, assess the amount of documentation available and determing if the law firm wants to take on your case Pro Bonno you can decide if you want them to proceed by representing you in the settlement.
Be forwarned that the insurance company will count on you needing to settle as a new mother, with the new expenses of a child.
The only advice I will give you is; following your writting up the Chronology and looking at the trail of documentation available, you make the decision based on what weight it must hold and dose it show the accident brought on a early birth. If the answer is yes than you will need legal reprsentation to aquire a fair settlement!
Best of Luck to yourself and your son!
If you win the lottery are you emotionally available? LoL |
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entidtil
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If you want to pursue this, you would have to show that you and/or the baby was harmed by the accident. Consult with a lawyer |
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Scott H
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Why does HE need a settlement? Unless he has some complications due to the accident or from being born 3 weeks early, he isn't entitled to a settlement. He was going to be born anyway, right? |
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A.R.
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i'm sure you could file a lawsuit against the person driving the opposite car. it all depends really, on whose fault the accident was. if you did not cause the accident you would have a good chance at winning the lawsuit, but if you caused the accident obviously you arent going to get anything. my advice? call a lawyer, its the better way to go. |
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2PHAST
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100 BILLION DOLLARS mwuhahaha |
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