Minor Settlement for my son 12 years old

[Proserpina]

Originally Posted by mgbigsandco1

"If you don't mind a little honesty: no, I don't see that as being "furthest from your minds" at all. I see it as being very much on your minds, to the extent that you mentioned it at least eight times. I don't mean to be provocative, but you should see this from an outside perspective.

Your son has medical needs because of what happened to him? Fine. Your son will have future medical needs because of what happened to him? Fine. You want to get a piece of the settlement because you've been out of work for nine months? That is, precisely, "trying to make good on his ill fortune".

You said the insurance company is willing to settle. Have they proposed an actual amount? How did you come up with the $100k figure? Have you been given an expert opinion as to what the future medical expenses will be, or are you just guessing?

I really strongly suggest you get a lawyer and not try to handle this yourself".


this is a bit Hostile basically accusing us of "trying to make good on his Ill Fortune" and accusing us of recouping on 9 mo of lost wages, and then implying that because of 9 mo lack of work i couldnt be out wages....so please read what u stated to me and the reevaluate your position....I do trust my attorney.....as far as anyone trust attorney's, I was in car sales, specifically Finance and i mean that in a way that is not demeaning but how everyone approaches attorneys and people in the car bus. the are leary...i trust my lawyer but how could anyone be ridiculed for wanting to double check and find answers for ones self?

Sigh. No, it's not hostile. Do you understand that your attorney KNOWS your case? That it's impossible for anyone here to second-guess your attorney without having the case in front of them?

Do you understand how misguided that would be?

[mgbigsandco1]

it is not that I am asking for one to completely give me all the answers in the world...what I am asking for is the Black and White of the law..case law that procedes mine that says in instance of "A" "B" is set for the Minor "C" is recoverable by the Parents and "D" is a varible factor in which the parents could do this or that but in all cases or more so than not the Minor would be entitled to atleast "x" percent of total monies or that the parents are only allowed to recoup monies for these purposes and these alone. or that Hey there is alot of grey area and room to move on both sides to settle this and make sure the minor gets his fair share and that the parents too are allowed to get up to a certain amount to make sure proper medical care in future plus expenses occured are taken care of...this is all I want..this is all I have asked for multiple times and have been advised how to set up the money, that I am greedy, that this is why the minor needs protected, that I am hostile, etc etc,,,,all I want is for my son to have a nice amount of money for his wrongful injury, pain and suffering, future pain and suffering and punitive damages for mental anguish for him, and for us as parents to be compensated for our out of pocket, our mental anguish, our time off work, and to help afford the best life possible to our son. He is an excellent ball player if this strikes fear in him at the plate or in the game at all for us to be able to hire instructors and whatever needed to try to help him overcome it...on and on and on.

From what I gather from the attorney it will be a sturctured settlement, we will be reinbursed for out of pocket, and that is as far as I get as they keep going back to structured settlement. I want to know our rights as parents and a percentage give or take a few points of what we can expect.

Please for the love of God someone give me a straight answer hypothetically or not,,,,,approx numbers or firm...just something...

[ecmst12]

Only a real live attorney in your area who is familiar with all of the details of your case can even BEGIN to come up with the numbers you are asking for.

[mgbigsandco1]

Thanks for your reply still not an answer but God thanks for small favors...not preaching or anything just to the point...thank you!!! Lets say the settlement is 130K on 33K in Med...our out of pocket so far is 12k and have about 15k in dental to be done in 4 years...can you give me an educated guess based on those figures...saying we have insurance coverage in 4 years our future out of pocket will be around 2K....also if there is case law that says that the parent is only allowed to recoup out of pocket then that would make this short and sweet...if case law says out of pocket ONLY and all other monies after fees to the child and ONLY in a structured settlement...then that would be black n white...can I get some insight there....based on Numbers given and how does the law read regarding minor settlements and parents right to..in state of Missouri Thank you

[mgbigsandco1]

based on the comment I made above this one with approx numbers and scenerios....Can I just get a straight forward answer..not advise on what to do with it or that my attorney is familiar ask him/her or any of that...if you care to read back through the thread all I have asked all along is for someone to let me know if there are statutes that outline exactly how it must be distributed or if there is a gray area and if so can we get 25 to 30% of net sum. For those who said ask my attorney if u read back through thread I stated, I can and have and have idea of how it all goes...according to 1 person but as in anything I think one should gather multiple answers and resonings in order to make an educated decission. I find humor that some have told me that I should blindly trust the lawyer or get another. but back to thread if you read u know I was a finance mngr in auto industry, and I would see lots and lots get a whole bunch of advice and such and even buy consumer reports full 100.00 package just to buy a 4,000.00 car and same for those buying a 30 or 40K car and attorneys were one of the worst when it came to getting advise from 100 diff angles before spending a penny on transoprtation, yet I am dealing with north of 100K for our son and I am wrong to get other opinions and advice on the matter????? Come on that is silly!!

Also back to attorney;s and cars what was the funniest is most would get all this advice and be very difficult in the process, get the car price down to the penny and come in and allow finance to hold a percentage point on them, buy warranties, and such, aftermarket parts installed and make huge financial mistakes in that regard and the biggest on is the would buy a brand new car for say a sticker of 43K talk it down to invoice at 41500.00 or so but wouldnt take the best approach and buy the same exact car with 7 to 10k miles on it buy full warranty to 100K miles and get it for 28K????? being in the business for 15 years my biggest advice for all here and I give to my family is first and foremost...Never NEVER buy a NEW car...it is the Biggest waste of money in the world as far as buying transportation! I myself worked in the bus, made over 100K a year and have never in my life nor will I buy a brand new car!! closest being was in 99 I bought a 99 Grand Am GT with 2500 miles on it and still saved 10K off sticker...granted being in bus I got at just over cost but the average joe would have saved 5K buying it!! anyhow just a tidbit to show I am human and all I want is advise to check and balance the powers that be.

Thank you for your time and hopefully your staight answer...not asking for an exact as that is immpossible a nice round approx percentage answer would be wonderful!!

[ecmst12]

If someone here COULD answer your question, they would. However you are asking the impossible. CONTINUING to ask is not going to get you a better answer, it's just going to annoy people more. Now go away.

[pinkey14]

Here is *an* answer, but it is probably not what you are looking for... Our situations are not exactly alike, but my sister was crushed (but lived) in a box compactor when she was younger. She had been told to climb into in and unload some of the boxes that were jamming it while the machine was off. Somehow it was turned on again while she was still inside.

Her family sued for all kinds of damages, and wanted to be paid for their emotional trauma, past and future medical, lost wages, and general payment for wrong-doing. They asked for a slightly smaller amount than you are inquiring about. What did they get? Well I can tell you that as a "cash infusion", they only received 5k. Those other things they were asking for and expected cash for? The other party was ordered to pay for them, but for example, to make payments directly TO the hospital... directly TO a counselor (should they decide to seek mental health services)... directly TO her school for part of her education... I could go on and on.

Frankly expecting to be reimbursed for mental trauma because your child has teeth knocked out and was cut from lip to nostril is unlikely. MILLIONS of parents have children suffer such injuries and wouldn't even CONSIDER asking for money because of it. Those kind of damages are most often paid to parents whose children suffer in ways that cause more significant mental anguish... the loss of a limb, brain damage, or death for example.

To be honest if your family were in a different financial situation, you'd probably have a better chance. The fact that you have been out of a job for 9 months due to the economy, and not your son's injury, and expecting such a large, immediate cash payment will look to anyone like you are trying to live off this event for the time being, which by your admission, you are trying to do. These cases can take a VERY long time. Long enough that you could possibly be retrained at a community college and go into another career while you are waiting. The court would be most likely to grant any large cash payout to your son for college expenses, etc., to be touched only by him once he is of age.

You haven't said yet (unless I've missed it) what the settlement is that they have offered you. It's likely that they will give you more than you would win in court. Be careful not to let this backfire on you.

[mgbigsandco1]

This is all i have asked for were probabilities, possibilities. etc. We are not, have not, would no and do not ....look to LIVE on this...We are not "hurting" for cash. I like I have said every time was looking for what could happen what to expect and to basically check on what our attorney is saying. All medical has been paid both through insurance and out of pocket for deductibles etc. I am the only one out of a job and the one working makes pretty good money. when working I make good money as well my time away from work when this happened cost us a few grand, our out of pocket has been a few grand, the looking for mental anguish etc was throwing things out there to give ideas and make people think as I wasn't getting answers other than I was seeking to strike gold or how to distribute money in future for my son. I still own a small business that is struggling but it is profitable and helps pay bills and my employees paychecks, I threw in the 9 mo out of job to give an idea and also to help think tank diff angles to recoup monies lost. I like most others have paid in Thousands upon thousands of dollars to the insurance co. I have watched while they and the banks have reaped money after money, taken tax money and then file BK AIG, CIT, Lehman etc etc etc.....so I put a question out and look for answers, ideas, and to get 2nd 3rd and 4th opinions on what our attorneys said and all the sudden I get overwhelmed with people fangs full extended on how why and what we are doing and or trying to do....personally I find it as despicable as they do of I of how they were quick to jump to conclusions and ideas on what we may or may not be doing but they are most likely the same ones who dare 2nd guess the trillions of tax dollars the government is taking, wasting and spending on all businesses and fattening there own pockets at our expense....yet I am the devil for simply asking how to get a little extra for our family,

Had I had ever said or implied that we were looking for total control or, use of, and or complete payment of monies owed to us to use as we see fit at our sons expense I then could see some of the responses received. I would expect it! hell I would have given it myself to another. But, I have said from post #1 that above all and first and foremost I will, and want, our son to receive the bulk of any monies received, have stated form that point of using the money to pay out to him at 18, 21, and 30 years of age, but yet we are accused of being sharks**************and in hindsight it is funny that the true sharks are the Attorney's that get 33 1/3% of anything, the insurance co that try's to beat people out of every penny they can but have no prob jacking up premiums at anytime and love to take in the money and ask the federal government to subsidize them because they couldn't manage their profits during the good times. The people whom took premium money form the league to insure our children yet when an negligent accident happens they try to get out of paying any of it and our insurance has to cover it. our premiums have to go up because of it**************.and somehow we are the bad ones??? because we want paid back, because we want some of the pork???? c'mon That is such BS and if anyone on this thread with half a brain looked at it in this manner you would do and think the same...i guess the sheep who follow the powers to be might not as they are still waiting for the golden one to create and or save the jobs, to pull us out of a depression that is cleverly disguised as a extreme recession...lol or government waste money left and right has dug our deficit by trillions in the first months of this administrations run has given billions to the insurance industry and I....John Q Family person is wrong and horrible to ask for just a little back. to want a little sum for my son, and just a little to help us as a family in short term....turn your head nod and wink as everyone spends our tax money and rolls out the pork and jump on the lil guy who says hey you know what I have paid my dues, I have been screwed like many by the insurance industry, I paid the several Hundred dollars for my son to play, I help pay the premium for insurance for this league, I donate my time to coach a team in this league but when My son gets cracked in the face with a bat I have to race 100 miles to be at his side as he lay there lip split 3/4 of an inch wide to his nose and hold my composure as he ask if its going to be ok, ask why it had to happen to him, then find out the insurance we pay into, the league I donate time to all want to turn the other way then when I retain legal advice they want to then call and say well couldn't we have resolved this another way...sorry we didn't call you back for 6 months, sorry we never called to see if he is ok, sorry your insurance had to cover it all sorry your premiums went up, sorry you had to foot the out of pocket,,.,,,,,sorry my ass!!!!

If any of you with half a ball would quit looking through your rose colored glasses you would see I am not the bad person., we are not the evil family, we are just merely asking for one one hundred thousandth of what the industry, ceo's and everyone else got, the only difference is we are asking rightfully so, we are asking with just cause. not because we couldn't run our business but our worried about our bonus that somehow we feel we still deserve for running a piss poor operation, we just ask for what we are owed, what we deserve and for what we will need to fix our sons mouth in the future,,,and yes just a little bit for not only his pain, time and suffering and future pain, time and suffering, but also for ours......There you have it not sugar coated, half ass rambling, but you have it.,,,,,,,,now pick apart my grammar lol and punctuation, and use of paragraphs and my off point speech from my high point....and when your done...tell me how you wouldn't do the same, tell me how wrong I am, then go have lunch tomorrow and complain about the bailouts, the tax money wasted and everything else, and how you wish they could just fix it, and ask the rhetorical question in humor of "where's my bailout"**************...to the person with the box crusher child,,,i am so sorry, I could not begin to imagine the pain and suffering of not only the child but parents in that matter, and it is sickening that they were only allowed to a mere 5k!!!!! that is the real problem that is what is sick...we can give AIG billions while there ceo;s enjoy millions in bonus's and resort vacations and screw the box crusher families and mine as well while a bunch of bleeding hearts jump down my throat for asking for a few grand...and I am the terrible monster...I bet!!! and we ask ourselves why our country is in the mess its in...

To the person with the child and box crusher....they are offering a bit over 100K basically about 3.5 times medical and future medical as put forth by our council. Again All I wanted was ideas, story's form people whom had been there and get a back up opinion on what we are being told and advised by our attorneys, Most of us were taught, and teach our children to get 2nd opinions, ask questions, who here wouldn't or hasn't or hasn't know one whom was diagnosed with a disease to get 2nd 3rd and so on opinions on what a dr says. in probate and divorce some get 2nd chairs for there trial, divorce, etc, and this is what I am doing. I am using this forum to get advise and ideas, and peoples stories who have been there and their outcomes, so if what you have to tell me is how to use the proceeds, how horrible I am, or how you need exacts on the case to give me a IDEA then just go to the top of screen and click on home tab, if you would like to give me your idea, your case history on a close matter your opinion on what to do, advise on what may be done I THANK YOU IN ADVANCE!!

Also i find it humorous that before I said I had council I had lots of responses telling me a little of what I wanted and how they needed more to let me know and how I REALLY should get a lawyer....hmmmm wonder how many of them would have been sooooooo happy to help me had I asked...oh gee where could I get one?? or would ya know where to get one,..bet everyone would have just happened to have this friend who practices if MO or just happened to be an attorney that would be glad to tell me just what they thought i wanted to hear to get me to call them!!! Well here is what I wanted to hear I wanted to hear what the previous post said...they gave me a real life happening and what i could use from that in my own instance. Not HOW MUCH MONEY I COULD GET FROM THIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! guess it was there own conceince talking to them....again thank you to the person who just posted about a real life happening which has helped more then any post on here thus far

[Zigner]

Originally Posted by mgbigsandco1

This is all i have asked for were probabilities, possibilities. etc. We are not, have not, would no and do not ....look to LIVE on this...We are not "hurting" for cash. I like I have said every time was looking for what could happen what to expect and to basically check on what our attorney is saying. All medical has been paid both through insurance and out of pocket for deductibles etc. I am the only one out of a job and the one working makes pretty good money. when working I make good money as well my time away from work when this happened cost us a few grand, our out of pocket has been a few grand, the looking for mental anguish etc was throwing things out there to give ideas and make people think as I wasn't getting answers other than I was seeking to strike gold or how to distribute money in future for my son. I still own a small business that is struggling but it is profitable and helps pay bills and my employees paychecks, I threw in the 9 mo out of job to give an idea and also to help think tank diff angles to recoup monies lost. I like most others have paid in Thousands upon thousands of dollars to the insurance co. I have watched while they and the banks have reaped money after money, taken tax money and then file BK AIG, CIT, Lehman etc etc etc.....so I put a question out and look for answers, ideas, and to get 2nd 3rd and 4th opinions on what our attorneys said and all the sudden I get overwhelmed with people fangs full extended on how why and what we are doing and or trying to do....personally I find it as despicable as they do of I of how they were quick to jump to conclusions and ideas on what we may or may not be doing but they are most likely the same ones who dare 2nd guess the trillions of tax dollars the government is taking, wasting and spending on all businesses and fattening there own pockets at our expense....yet I am the devil for simply asking how to get a little extra for our family,

Had I had ever said or implied that we were looking for total control or, use of, and or complete payment of monies owed to us to use as we see fit at our sons expense I then could see some of the responses received. I would expect it! hell I would have given it myself to another. But, I have said from post #1 that above all and first and foremost I will, and want, our son to receive the bulk of any monies received, have stated form that point of using the money to pay out to him at 18, 21, and 30 years of age, but yet we are accused of being sharks**************and in hindsight it is funny that the true sharks are the Attorney's that get 33 1/3% of anything, the insurance co that try's to beat people out of every penny they can but have no prob jacking up premiums at anytime and love to take in the money and ask the federal government to subsidize them because they couldn't manage their profits during the good times. The people whom took premium money form the league to insure our children yet when an negligent accident happens they try to get out of paying any of it and our insurance has to cover it. our premiums have to go up because of it**************.and somehow we are the bad ones??? because we want paid back, because we want some of the pork???? c'mon That is such BS and if anyone on this thread with half a brain looked at it in this manner you would do and think the same...i guess the sheep who follow the powers to be might not as they are still waiting for the golden one to create and or save the jobs, to pull us out of a depression that is cleverly disguised as a extreme recession...lol or government waste money left and right has dug our deficit by trillions in the first months of this administrations run has given billions to the insurance industry and I....John Q Family person is wrong and horrible to ask for just a little back. to want a little sum for my son, and just a little to help us as a family in short term....turn your head nod and wink as everyone spends our tax money and rolls out the pork and jump on the lil guy who says hey you know what I have paid my dues, I have been screwed like many by the insurance industry, I paid the several Hundred dollars for my son to play, I help pay the premium for insurance for this league, I donate my time to coach a team in this league but when My son gets cracked in the face with a bat I have to race 100 miles to be at his side as he lay there lip split 3/4 of an inch wide to his nose and hold my composure as he ask if its going to be ok, ask why it had to happen to him, then find out the insurance we pay into, the league I donate time to all want to turn the other way then when I retain legal advice they want to then call and say well couldn't we have resolved this another way...sorry we didn't call you back for 6 months, sorry we never called to see if he is ok, sorry your insurance had to cover it all sorry your premiums went up, sorry you had to foot the out of pocket,,.,,,,,sorry my ass!!!!

If any of you with half a ball would quit looking through your rose colored glasses you would see I am not the bad person., we are not the evil family, we are just merely asking for one one hundred thousandth of what the industry, ceo's and everyone else got, the only difference is we are asking rightfully so, we are asking with just cause. not because we couldn't run our business but our worried about our bonus that somehow we feel we still deserve for running a piss poor operation, we just ask for what we are owed, what we deserve and for what we will need to fix our sons mouth in the future,,,and yes just a little bit for not only his pain, time and suffering and future pain, time and suffering, but also for ours......There you have it not sugar coated, half ass rambling, but you have it.,,,,,,,,now pick apart my grammar lol and punctuation, and use of paragraphs and my off point speech from my high point....and when your done...tell me how you wouldn't do the same, tell me how wrong I am, then go have lunch tomorrow and complain about the bailouts, the tax money wasted and everything else, and how you wish they could just fix it, and ask the rhetorical question in humor of "where's my bailout"**************...to the person with the box crusher child,,,i am so sorry, I could not begin to imagine the pain and suffering of not only the child but parents in that matter, and it is sickening that they were only allowed to a mere 5k!!!!! that is the real problem that is what is sick...we can give AIG billions while there ceo;s enjoy millions in bonus's and resort vacations and screw the box crusher families and mine as well while a bunch of bleeding hearts jump down my throat for asking for a few grand...and I am the terrible monster...I bet!!! and we ask ourselves why our country is in the mess its in...

To the person with the child and box crusher....they are offering a bit over 100K basically about 3.5 times medical and future medical as put forth by our council. Again All I wanted was ideas, story's form people whom had been there and get a back up opinion on what we are being told and advised by our attorneys, Most of us were taught, and teach our children to get 2nd opinions, ask questions, who here wouldn't or hasn't or hasn't know one whom was diagnosed with a disease to get 2nd 3rd and so on opinions on what a dr says. in probate and divorce some get 2nd chairs for there trial, divorce, etc, and this is what I am doing. I am using this forum to get advise and ideas, and peoples stories who have been there and their outcomes, so if what you have to tell me is how to use the proceeds, how horrible I am, or how you need exacts on the case to give me a IDEA then just go to the top of screen and click on home tab, if you would like to give me your idea, your case history on a close matter your opinion on what to do, advise on what may be done I THANK YOU IN ADVANCE!!

Also i find it humorous that before I said I had council I had lots of responses telling me a little of what I wanted and how they needed more to let me know and how I REALLY should get a lawyer....hmmmm wonder how many of them would have been sooooooo happy to help me had I asked...oh gee where could I get one?? or would ya know where to get one,..bet everyone would have just happened to have this friend who practices if MO or just happened to be an attorney that would be glad to tell me just what they thought i wanted to hear to get me to call them!!! Well here is what I wanted to hear I wanted to hear what the previous post said...they gave me a real life happening and what i could use from that in my own instance. Not HOW MUCH MONEY I COULD GET FROM THIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! guess it was there own conceince talking to them....again thank you to the person who just posted about a real life happening which has helped more then any post on here thus far

What a rant...

Anyway, in response to your suppositions about referrals for attorneys: The only referral you would have received is www.attorneypages.com

[pinkey14]

For the love of God... You need to go away. Now. And I am NEVER rude to people on here. But seriously, dude. You just admitted that half of the details to your story weren't true, but you just "threw them out there" to stir up brainstorming and debate??? Forget it then. This is a legal forum where people pose real legal questions. This is not a high school class room. If your son really even DID sustain an injury (because is that just another brainstorming idea?) the injury you have described is not worth ANY kind of damages other than your out of pocket, after-insurance medical expenses and perhaps PROVABLE lost wages (not the kind sustained by mom while you were unemployed but at an "engagement"... it's called scheduling). Whether you intend to live on it or not, you are asking for immediate cash compensation, in any way you can get it, above and beyond what you've lost, so that you can use it for things unrelated to the treatment of this injury (which, by the way, is considered a MINOR injury). This is not going to be your son's free ticket to college. You did not deserve it, and you will not get it. This, among many other reasons, is why no one is going to answer your questions.

[Ladydelmd]

Please understand that the law in your state rules how and when the money can be touched. My daughter was a minor in an auto accident. She received a settlement in my name. At the age of 18 that settlement was hers. I could not use "her" settlement for any of the expenses I had with medical, or time off from work to run her back and forth to the doctors. I had to ask for that and prove what my cost were due to the accident. The insurance company agreeded to give me "expenses" to avoid a drawn out leagal suit and court hearings.

Good luck...