This is the next article in our series on the handling of cases in our area which involve harm caused by a childcare facility. Our last article discussed how damages are calculated in a Fort Worth daycare injury case. It is important to understand that, if a child has been seriously injured, then they may be entitled to compensation for lifetime medical care and lost wages. It is important to retain a qualified attorney who will give you an honest assessment of your damages claim. In this article we will continue this discussion by looking at how long it may take to settle such a matter.
Settling a childcare injury may require time as the prospects for long-term recovery must be determined
Parents can often become frustrated with how long it can take to settle these types of cases. This is understandable given that there are few things which a parent will take as personally as their son or daughter being injured. It is important to understand, however, that a settlement should generally not be entered into unless the child’s long-term chances for recovery are reasonably known. This is due to the fact that, if parents accept an offer out of a belief that the child will fully recover, then the family may find themselves without needed funds if the recovery does not go as hoped. To put it simply, accepting an immediate settlement out of a desire to “get the matter over with” can result in a young person not having enough to cover a lifetime of medical care and lost wages. By waiting until a long-term prognosis is more clear, a family helps to improve their chances of making sure they receive the greatest possible settlement.
The foregoing is best explained through an example. Suppose John and Jane have a four-year-old who attends a DFW area childcare facility. The facility is not adequately maintained and the child trips and falls on a damaged piece of the floor. Unfortunately, a serious spinal injury is suffered. The doctor states that, with a child this young, such injuries can be expected to heal within six to twelve months in a large majority of cases. The parents are confident that the child will make a full recovery and they accept a very early settlement in the amount of several thousand dollars. Unfortunately, as time goes on, they realize the youth is in the minority of cases and has suffered a permanent injury. This will impact their mobility, and their ability to earn a living, for the rest of their life. It will also leave the child without money that is potentially needed for future medical expenses. This outcome could have been avoided if the family had waited to settle the matter.
Once you retain an attorney, your counsel will contact the defendants and inform them of the representation. They will then deal with the defendant’s insurance carrier directly so that you may focus on the important business of your child’s health. Once your child’s long-term recovery chances are reasonably known, then your representative will send a demand for payment. This demand will include a breakdown of how the damages were calculated, supporting documentation, and a statement as to why the defendant is liable. The parties will engage in back and forth documentation and, if a settlement cannot be reached, a lawsuit will be filed. It is important to remember that how long it will take to settle any matter will always depend on the specifics of the situation.
Contact a Fort Worth daycare injury lawyer as opposed to dealing with insurance directly
It is common for a liable party’s insurance carrier to quickly contact a victim after an injury. These adjusters will attempt to reach a “quick” settlement. While they may seem cordial, and will often suggest that you do not need an attorney, it should be remembered that these individuals work for the insurance company. It is their job to settle the case for as little as possible and they are not concerned with protecting your best interests. An attorney, on the other hand, is responsible for ensuring that you receive the greatest possible compensation.
If your son or daughter has been injured then contact Noteboom – The Law Firm to schedule an initial consultation. Our firm has multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ an on-staff investigator. We see all of our cases through to completion and we are proud of the results we have achieved for our clients. If you are in need of assistance then call to speak with a Fort Worth daycare injury lawyer. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.