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MamaBear1030 · Dec 28, 2009, 10:03 PM

Hello,

My daughters were injured here in California when a school bus driver ran a red light and hit them (even worse, she had kids on the bus). One daughter (driver) had broken rib and very deep bruise on her leg. My other daughter (passenger) has been experiencing back pain. It's been 4 months now and we would like to get this settled. They school district has admitted fault and said they would pay all the medical bills. When it comes down to asking for pain and suffering, what should we expect? I don't want to hire a lawyer and make this messy. I want to be fair. Should we ask for $50k, $25k, I'm just not sure.

Thanks for any help,

Shannon

J_9 · Dec 29, 2009, 03:12 AM

You need to hire an attorney. You won't have to pay the attorney, get one that works on a contingent fee basis.

The school district's insurance company has deep pockets. You will get more if you have an attorney who works in the best interests of your daughters. There is a lot of legal mumbo jumbo, as well as loopholes that you may miss or not understand, leaving your daughters with possible future medical bills and/or not getting the proper settlement they deserve if they don't have an attorney fight for them.

You can ask for anything you want. The insurance company will give you the smallest amount possible just to shut you up. However, if you have an attorney, you will get what you deserve, not just hush money.

MamaBear1030 · Dec 29, 2009, 09:36 AM

Thank you very much for your advise. I will discuss this with my daughters.

excon · Dec 29, 2009, 09:48 AM

Originally Posted by MamaBear1030

I want to be fair. Should we ask for $50k, $25k, I'm just not sure.

Hello Mama:

You're to be commended for wanting to be fair... But, as you indicated, you have no idea what's fair or not.. That's exactly WHY you need a lawyer.. Keep in mind also, that while you're being fair, the insurance company is being cheap. That's not bad. It's their job. If you're willing to settle for less than the claim is worth, they're stockholders'll LOVE it. If you were BOTH playing fair, you'd do fine on your own... But, the deck is stacked against you...

As mentioned, you won't have to pay a lawyer a dime unless he wins, and in this case it's a given... Therefore, when you're shopping for a lawyer, keep in mind that you're handing him a gift... Consequently, you can negotiate a lower rate and you can be very picky about who you hire.

excon

MamaBear1030 · Dec 29, 2009, 11:37 AM

Thank you for your time and advise.

jmjoseph · Dec 29, 2009, 12:03 PM

The most important thing is to get them both checked out to be sure that they won't have any long lasting affects. I'm not saying that they haven't been given the best medical attention, but the settlement should reflect any lifelong problems that may, or may not, occur due to the drivers negligence.

I would most definitely consult an attorney. I know that you want to be fair, especially to a school system, but it's not their money. It's the responsibility of the insurance company that has charged high premiums for such an instance.

This is not crayon money.

Can you put a price on your child's limitations? Of course not, but the accident could send them, or their kids, to college, or help offset the cost of a house.

Don't try to be nice, and go in with a low number. Get an attorney, and let him/her fight with their attorney.

I hope it all works out. Good luck.