How does a Minor Car Crash Settlement Work in Louisville, Kentucky?

Yesterday I resolved a Louisville car crash case for a child with a facial fracture.  The case is complicated in that my client's mother was the driver.  She was at fault for the crash. 

The mother carried a $25,000.00 policy. Her carrier initially offered $17,100.00.  That was bumped up to $18,500.00.  I was told there was no more room by the adjuster.  He asked me to come "off the policy."  I told him no.  I expressed to the adjuster the defendant/mother would be asked the following:  "What is your child's pain and suffering worth?  A few hours later they emailed me the $25,000.00 release.  Sometimes knowing which buttons to press is all you need.  And in the long run this adjuster made the right decision which was nice to see.

Your first question is did the kid sue his mother?  He did not.  We resolved the case pre-litigation and it is his mothers insurance company that is paying.  That is not to say I wouldn't have sued his mother if they didn't pay an appropriate amount to resolve the case.

Because my client is under 18 years old the settlement must be approved by the probate court.  What this means is that paperwork must be filed with the court outlining the injuries, the settlement, and where the money is going.  It is called a Petition to Approve Minor Settlement.  In Jefferson County, Kentucky this motion is required for car crash cases involving a minor when the amount is over $10,000.00.

The reason for this process is to ensure a minors funds are not mismanaged or misplaced.  Plenty of parents have the best intentions for their kids, but there are some bad apples that have taken money and caused this issue.

In order to file the petition I'll first draw up closing documents showing where the money is going.  This will show the settlement, fees, costs, liens that are being paid back, and medical expenses associated with the car crash.

Next, I will attach those closing documents to the Motion to Approve Minor Settlement.  Depending on the case some medical bills may be attached to show proof of payment.  The motion will also state what injuries were sustained.  It will state how my client is doing now.

An affidavit from a guardian stating they approve of the settlement will attach.  A proposed order placing the funds in a blocked account is next.  That order will place the funds in an untouchable
account until the minor turns 18.  This makes the money inaccessible to anyone without a court order.

Next, I will go to the probate office and get a hearing date.  This will allow the judge to evaluate my motion.  When I show up to court I will ask for her/his approval of my motion/order.

If a judge thinks everything is acceptable they will sign the order.  This allows the guardian to sign the insurance company release.  That will be sent to the insurance company in exchange for a check.  I will then take the order with me to the bank along with the insurance company check for deposit.  Paperwork will be filed with the court confirming deposit of the funds.

Its a time consuming process. However, it ensures my clients money goes where it is meant to go.

Each case is different, but that is a general outline.

I'm happy to answer any questions at bdettman@dettmanlawgroup.com.

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What Happens When a Minimal Impact Car Crash Case Goes to Trial in Louisville?

TRIAL ALERT: My client, while driving a Hummer, was rear ended by a Camry.

Zero property damage to the Hummer. It wasn't repaired because it didn't need to be. That didn't mean that my clients shoulder wasn't injured. His hand was on the shift at impact which jammed his shoulder.

After offering nuisance money at mediation on account of the "minimal" damage the defense lawyer asked me if I was going to drop the case. I told him no.

Two month before trial the defense lawyer told me he would get my costs of $6,000.00 back to me if I would just resolve the case. I told him no.

It was a difficult case, but I kept on telling the defense we were going to try it.

We did.

A jury awarded seven times what they offered at mediation.

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ps. I've ordered a video of the closings. I'll post it when ready.

Fifty Times Value Multiplier, Is This Possible on Louisville Kentucky Dog Bite Case?

I resolved two cases last week.  The first case my client had $6,000.00 in medical expenses.  The second case my client has $17,500 in medical expenses.  The first case resolved for $300,000.00.  The second case resolved for $27,500.  You read that right.  The first case resolved for fifty times the medicals.  How can that happen?

As a lawyer I often hear "my uncle told me my case is worth three times the medicals."  That may have been applicable in 1960.  It isn't now. A case is worth 1) what a jury will pay or 2) what an insurance company will pay and 3) what your lawyer can get for you and 4) what you are happy taking. We usually don't get to #1 unless an insurance company is significantly undervaluing your claim.

There are also lawyers advertising "get three times more money."  That's a separate issue.  They are saying you will get more with a lawyer than without a lawyer.  They are right.

By the way, if you are curious, the fifty times medicals case involved a serious injury.    I know I did my best to get my client all the money that was available, and did, and hopefully that will ease some of the difficulty she has to deal with on account of her injury.

This week I resolved two other cases cases.  The first one the insurance company offered me $9,000.00 before a lawsuit.  That case resolved for $20,000.00 today.  The second one the insurance company made offers of 5, 7.5, 12, 13.5, 15.5 telling me that was top, and then $20,000.00.  All of these cases resolved for what they were worth from the get go.  It just takes some work to get there.

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I Made a Lot of Money This Year Social Media Posts on Injury Cases

I was born in 1982.  As a result, I'm basically on every form of social media available.  I'm also a plaintiff's lawyer so a lot of PI ads pop up on my feed.  Towards the end of the year its almost a requirement that a PI lawyer posts something like: My Firm Resolved X Million Dollars Worth of Cases This Year!"

I'm not sure how I feel about these posts.  Is there any other business in America where it is appropriate to tell everyone how much money you made?   Do cardiologists post about fixing five hundred hearts this past year?  Are lawyers basically just Birdman posting about driving Bentleys and eating lobster?

(I get that this photo is insane, thanks)

I can't explain why, but I'm ok with lawyers posting about a specific case they resolved, but I'd like details about initial offer, facts, etc to see if someone really did a good job.

I really wish there was some way for PI lawyers to advertise something like "I really helped this client who was struggling financially to stay afloat after this crash.  I was always available to help this client and did everything I could to ensure a positive result.  At the end of the day I really made a difference in this clients life."  But that honestly isn't as impactful in our Kardashian World as "I'm RICH!"

I do get saying you recovered X is basically advertising and letting the world know that you are a successful lawyer.  My take is this info probably belongs on a website.  And don't get me wrong, I'm happy that PI lawyers are sticking it to insurance companies.  I'd rather see "competition" do good than big insurance stick it to the little guy.  The question is how can lawyers find a way to say "I'm successful" without the unhumble brag?

FYI, if you are wondering if I'm posting this because I had a crap year....I didn't.  I had my best year yet.  And also, I haven't seen a I Made A Lot of Money This Year Post yet, so this isn't about anyone in particular.

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GET A LAWYER DAY 1

I'm working on a case today where my client hired me eight months post crash.  In these scenarios I can't fix past damage.  For example, normally I can attempt to minimize my clients owed medical bills by putting them through health insurance if the provider takes health insurance.

Hospital bills are usually the issue here.  One visit can cost $8,000.00.  And Personal Injury Protection (PIP) usually covers the first $10,000.00.  If the hospital bill is submitted to PIP it is usually paid in full leaving $2,000.00 for future treatment. However, if you put that $8,000.00 bill through health insurance it averages out to $2,000.00 and PIP can be directed to pay that leaving you with $8,000.00 instead of $2,000.00.  If you have $8,000 for future treatment its going to make your payback on total medicals a lot lower and thus your recovery bigger (generally speaking).

The average person doesn't know any of that because they don't do this every single day so when a client comes to me eight months post crash and owes money to providers that eats into his or her recovery.

Another issue is insurance companies trying to pretend they are your friend.  My experience has been the adjusters aren't asking you questions to help you.  They are asking questions to try to create problems as far as liability and damages are concerned so when a client provides a recorded statement to a carrier it isn't the best of ideas (generally speaking).  They also want health records releases.  I worked on a case where my client had a lumbar (low back) spine injury 10 years ago, but no problems up until a crash with cervical (neck).  The adjuster wanted to make a big deal about the injury ten years ago.  Is that really acting in good faith?  From my perspective it is not, but they have a job to do in saving the insurance company money so they are going to take positions that are not substantiated.  Finally, the most offensive thing I see is pop out adjusters offering people between $1,000.00 and $1,500.00 right after a crash.  There is NO WAY a person can intelligently determine the extent of their injuries right after a crash.  I've seen an insurance company offer $1,000.00 to a guy with a torn rotator cuff.  That should be illegal.

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Dear Insurance Company, Pay the Deductible and Avoid the Personal Injury Lawyer

A former employee called me last week and told me her father was in a car crash and needed my help.  He had been rear ended by an uninsured driver and wasn't sure what to do.  After speaking to him I learned that he was mostly just pissed at his own insurance company for making him pay a $100.00 deductible on his property damage.  He understandably wanted to stick it to the uninsured driver as well.  Luckily, my client has uninsured coverage and can make a claim.  However, I don't think he would be making a claim if his insurance company just paid for his deductible.  I'd say at least 40% of what I do it related to insurance companies making stupid decisions.  I'm sure if some MBA evaluated this he would tell State Farm to pay the $100.00 deductible and hope this thing will go away.  Instead, I'm making an uninsured claim that won't resolve for less than several thousand dollars.  The insurance company will front that money and then attempt to collect it from the uninsured driver.  Catch is uninsured people don't have money so they will spend a lot of time chasing their tail. I'm not sad about it, but its an inefficiency in our system.

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The Defendant Has Insurance

I'm prepping for two upcoming trials.

In 99% of the cases I have the defendant is insured and the lawyer representing the defendant was hired by the insurance company.  In the other 1% of cases the defendant has money.

The first, case I'm working on is a dental battery.  The lawyers from the other side, in an effort to be paid by the insurance company, are trying to change it into a malpractice case (insurance companies don't pay lawyers for solely battery claims as they are usually excluded from coverage). I've continued to tell them this is a battery case and I get why they are trying to argue otherwise $$$ :)  The defendant in this case has assets and this case is the exception to the rule. 

The second case I'm working on is a "he said he said" car crash case.  My client and the defendant both say that the other guy ran the red light.  What I find interesting about this case is the defendant did not go to the hospital post crash despite the fact the EMS personnel was telling him to go.  I don't think he went because I think he passed out at the wheel in a diabetic attack, he has had that happen before.   The defendant did go to the hospital later that day.  I think he didn't go initally because he didn't want records reflecting what happened.  He says his kids were scared that their dad would die so he went home with them.  That doesn't make sense.  Your kids would want you to go to the hospital.  My client fractured his spine in this case.  He has recovered as well as one could, but that is a terrible injury to go through and he still suffers.  I remember meeting him for the first time in his full upper body back brace.  He was wincing the whole time I spoke with him.  The defendant driver is insured which is the norm. The jury won't get to hear anything about the insurance company, but they are on the hook to pay, not the defendant driver.  I wish I had some explanation for this but the rules don't allow me to bring it up.

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Insurance Adjuster Scare Tactics

An Insurance Adjuster just forwarded me photos of my client's vehicle post crash.  My client drives a massive Ford Expedition.  The defendant was driving a Dodge Durango.

The wreck happened a few weeks ago and there isn't a reason for the insurance adjuster to send me these photos other than to infer that the wreck wasn't bad and thus my client cannot be hurt.  Its a cheap scare tactic.  Interestingly, the insurance adjuster did not send me any photos of his insureds vehicle.

The impact was to my clients trailer hitch and absolutely destroyed the other car.  If you just look at my clients vehicle it doesn't look bad (structural damage underneath)...which is why the insurance adjuster only sent me those photos.  I asked him for photos of his insureds vehicle and he said he didn't have any.  I then asked him for a copy of the body shop repair estimate on his insureds vehicle.  No surprise, he didn't have that either.

I have photos of the vehicle that hit my clients Expedition.  I just sent the photo to the insurance adjuster :)

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Brian R. Dettman