Page 2 of 3

Re: do parents get pain and suffering?

Posted: Sun May 01, 2005 12:48 pm
by admin
No, the Attorney Compensated us with her money, and yes, the military tried to kick him out every way possible and when they couldn't they cancelled my son's medical insurance. That is when I gave his command 72 hours to get him out and they did. They have done to this to several BPI families that I know of. And even though we told our attorney they were "STALKING" Us she didn't believe it till she saw it with her own eyes. It is just sick, but my son is taken care of and that is what mattered

Re: do parents get pain and suffering?

Posted: Sun May 01, 2005 9:14 pm
by admin
A small correction about insurance companies ... under certain circumstances, they DO have the right to be reimbursed if there are lawsuit winnings pertaining to past surgery expenses. It depends on what is in the contract between your employer and the insurance company. So I'd advise anyone who is curious to check and see what the contract says. If it's not in the contract, then you don't have to reimburse.

Re: do parents get pain and suffering?

Posted: Sun May 01, 2005 9:49 pm
by m&mmom
It's right in our insurance policy that if we file a lawsuit claim the insurance company has the right to file a lien against the settlement or award.

Cindy

Re: do parents get pain and suffering?

Posted: Mon May 02, 2005 9:35 am
by Jallie
It was told to us that going after pain and suffering can make you look greedy, therefore, making it harder to win a case for your child. Of course, that's not our motivation, but the Dr.'s Attorney will use anything possible. We were able to submit out of pocket bills for therapy and surgeries and were compensated at the time of settlement.

Re: do parents get pain and suffering?

Posted: Mon May 02, 2005 12:10 pm
by admin
We settled out of court. Thanks to advice given here, we then got an estate lawyer to help us with the settlement (Thank God! Very helpful lawyer!). Our original lawyers didn't make any mention of special needs or pain and suffering for us. Part of the settlement agreement was that it had to be put in an annuity for the child. However, we wanted some to be available now for therapy, medical bills, surgeries, etc. So we had a certain amount put in a savings account that is regulated by the court, which is called a "special needs account". We also had a small amount of the settlement for us which they gave us a check for. After the original lawyers took 1/3 of the settlement, the remaining amount went 2/3 in annuity for the child, 1/3 to special needs fund, and 1/3 to us.
Hope this helps.

Re: do parents get pain and suffering?

Posted: Mon May 02, 2005 12:12 pm
by admin
Sorry, I meant to say the remaining money was 2/3 into the annuity and 1/3 was divided equally between special needs and us.

Re: Do parents get pain and suffering?

Posted: Tue May 03, 2005 8:54 am
by admin
Two days into trial we accepted a settlement. When we went in front of the judge to say that we accepted the amount the other side was offering, we asked if $75,000 could be put into a separate account for us to use for future uncovered medical expenses. He said yes without hesitation. I was quite surprised to find that there were no strings attached (i.e. where we put the $$ or what we use it for). We basically received a check in our names.

Re: do parents get pain and suffering?

Posted: Tue May 03, 2005 8:57 am
by admin
NULL- IT DOES HELP. THANK YOU
AND HOW DO FIND A GOOD ESTATE LAWYER?

Re: do parents get pain and suffering?

Posted: Mon May 09, 2005 9:37 pm
by admin
if anyone could possibly help me out on this i would really appreciate it...anyways i have been taking my daughter to this doctor for a while now and they have started saying that she is too small for her age well they have called the local social services on me and social services is making me take her to a specialist that i think is not really necessary and after we do this i am going to sue the social services office for harrasment and the doctors for pain and suffering for putting my 11 month old child through pure HELL poking and probing all over her little body....does anyone think i can win this case please e-mail me at LilMizFitBeMe@aol.com please i need some real help on this i am sort of stuck in the wind i don't want to lose my daughter but on the other hand i don't want the doctors poking and probing on her all day long making her feel like complete CRAP!!! HELP PLEASE!
ALLENA