Auto Insurance Claims: Demand for Settlement, medical release form, therapeutic care


Question
My 6 month old son & I was involved in an accident with a Commercial Truck in 08-07 in GA. My injuries were very extensive, so I acquired the services of an attorney. However, I have not been able to obtain the services of an attorney for my son because of the complexity of his prognosis. The pediatrician has examined him several times but indicated that since his body has not developed to a point where they can have an MRI or x-ray done on him, it could be years before we find out the impact this accident will have on him long-term. I submitted a medical release form to the adjuster last week. What is an adequate demand for settlement for long-term medical care future expenses and good medical therapeutic care.


Answer
Hi Greg,

Due to the circumstances, you do not have to reach a settlement at all. You can simply continue to monitor your sons situation and have what ever testing done at an appropriate time. Once you and the doctors are able to determine the extent of any injury or lack thereof, you can then enter into a settlement agreement. Since your son is a minor, the coloc on the statute of limitations does not start until he reaches 18 years old. So you have plenty of time. Just be sure to keep good records of all treatment and costs until you reach the point of settlement. You may want to verify this with the attorney handling your claim just to be sure since I am not an attorney.

I hope this helps
Richard Hixenbaugh