Recouping medical costs and compensation

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Recouping medical costs and compensation

Teen took a yard sign from a lawn and threw it like a frisbee
approx 30 feet in the direction of his friends. It hit my teen in the
eye causing a serious injury. Surgery will be required. There will
also be long term problems with cataracts. Medical costs adding
up. How to proceed with the negligent teen’s family?

Asked on February 4, 2019 under Personal Injury, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Notify the homeowner's insurance carrier of your child's personal injury claim.
When your child either completes his/her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, obtain the medical bills and medical reports. Your child's claim filed with the homeowner's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. 
If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed.  The settlement should include compensation for future treatment of cataracts with an estimated cost discounted to present value.
If you are dissatisfied with settlement offers from the homeowner's insurance carrier, reject the settlement offers and file a lawsuit on behalf of your child against the teen's parents for negligence.  The teen should also be named as a defendant in the lawsuit in addition to his parents. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your child if he/she is a minor.
If the case is NOT settled, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations  or your child will lose his/her rights in the matter forever.


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