What an Experienced California Child Injury Lawyer Can Do | Part 1

Many people in California simply do not know what an experienced California child injury attorney can do with their child’s injury case. The following is a list of the types of legal services that a good lawyer may be able to successful provide for your child’s injury case:

Provide initial, free, and private interview with parents and/or child, and discuss all possible legal options and outcomes;

Educate, assist, and teach parents and/or child about the California court approval and settlement Guardian ad Litem process (which has very special rules under California law);

Educate, assist, and teach parents and/or child about the California litigation process; what happen after a lawsuit is filed and served, and what timeframes can be expected;

Educate, assist, and teach parents and/or child about the California injury claim process;

Compose, draft, and file petition to appoint the California Guardian ad Litem (GAL) for the injured child’s settlement proceeds;

Order, advance funds for, and gather written medical records and other relevant documents to support the child’s California injury claim (including school records, the police report, duties under duress, and loss of enjoyment of life proof, etc.);

 Arrange, advance funds for, and obtain specific reports from experts to support and explain the injured child’s California bodily injury claim;

␣Obtain, research, read, and analyze all applicable liability insurance policies that may apply (e.g., automotive, homeowners, health, etc.) to see what type of insurance coverage is available to pay for the child’s damages, such as medical, hospital, and wage loss benefits;

␣Arrange, meet, and confer with the injured child’s medical doctors, physical therapists, chiropractors, acupuncturists, and other healthcare providers to fully understand the child’s medical and injury condition;

␣Research and perform investigations of the child’s California bodily injury claim, including obtaining all witness statements, photographs, diagrams, videos (if available), and physical evidence to support the injury case;

␣Arrange, meet, and confer with the (GAL) to discuss the injured child’s legal case, and provide all relevant information regarding the child’s claim—this also includes court times, and the arrangement of the date and time to deposit the injured child’s settlement funds according to California Superior Court order;

␣Analyze and review any pertinent California legal issues that may negatively (or positively) affect the child’s bodily injury case, such as contributory negligence, assumption of risk, comparative fault, fault of other parties, etc.;

␣Draft and file any and all necessary legal claim forms with the at-fault governmental (public) agency. Special rules apply in California if the minor child was injured by a public entity;

␣Obtain, analyze, and review any and all health insurance or governmental benefit plans to determine whether any money that was spent must be repaid under both federal and California state law;

Obtain, analyze, and respond to any liens asserted against the settlement recovery (various healthcare providers, insurers, and governmental agencies may file liens seeking to be repaid money for benefits already paid to or on behalf of the child). This can be reviewed under both federal and California state law;

Research, arrange, and assist parents in locating available resources to help with injured child’s recovery (local, state, federal, and non-profit assistance programs, or the like; etc.);

Conduct, and finalize any and all negotiations with the insurance claims adjustor in an effort to settle the claim fairly and amicably, either prior to litigation or via California jury trial;

Prepare, advance funds for, and draft the summons and complaint to file in the appropriate California Superior court (if a California lawsuit will need to be filed in your injured child’s case in order to obtain justice);

Perform any and all investigations to locate the defendant(s) so that personal service of the summons and complaint can be achieved effectively and expeditiously;

Contact and communicate with the at-fault insurance company about the child’s bodily injury claim, and conduct periodic discussions with the carrier about your case so that appropriate reserves are set aside to settle the case when that time comes;