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The Law Firm of Flora Templeton Stuart represents persons who suffer damages
due to the negligence of another. We work hard to collect all the money our
clients deserve. Each case is different and the collection of damages is based
on many factors to include insurance coverage, the extent of your injury, and
the unique facts of your case.
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| What if my child has been injured? |
If a child (under the age of 18) is injured due to the fault of another person, he/she may recover damages
for their injuries. Whether your child has been injured as a result of a car wreck, semi truck accident,
dog bite or any other personal injury, it is important that you realize that any recovery for your child
should be held in trust until your child is 18 years of age. There are some exceptions: if the recovery
is less then $10,000.00, there are special needs for your child or the court approves expenditures to
benefit your child.
As with all injury cases, it is very important if your child has been seriously injured, that you
immediately retain an attorney experienced in this area of practice who will handle the claim on a
contingency fee basis (the attorney will not be paid except from the recovery). After you have retained
an attorney the next procedure will be to have the parent raising the child appointed as guardian for the
child so they can act on behalf of their child in the case. This involves a brief court appearance in the
county where your child resides. It is often required that another person who owns property in that county
sign a bond to ensure that the funds will be protected for the child.
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Car and Truck Accidents
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If your child was injured in an automobile or truck accident, then the usual procedure for car wrecks will apply.
The attorney representing your child should make sure there is PIP available for medical expenses in Kentucky.
You may want to reserve those expenses for your child's use while he/she is recovering. Photographs of the injuries
should be taken, medical records obtained and a full investigation of the facts and witness's surrounding the injury
claim. If your child is old enough to have been traumatized then counseling may be recommended. In addition, the attorney
will be discovering the assets of the defendant (their ability to pay damages) and the amount of insurance policies that
would cover your child as well as additional policies that you may have, such as underinsured motorist coverage. When
collecting policy limits for the defendant it is very important to not waive those other coverage.
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Claim for Loss of Parent
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A child may not only have a claim for their own injuries but also a claim for the death of a parent. A surviving child
may recover damages for the loss of companionship and mental anguish caused by the death of his or her parent. A minor
of the decedent may also recover the sum that the decedent would have contributed to the support of the child and the
value of services that the deceased in reasonable probability would have rendered in training, advising and educating
the child. This is a loss of consortium claim.
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How does my child obtain a fair settlement?
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When we obtain money for you, our work is not done, and in many cases this is the most important service we can give you.
We negotiate with health insurance carriers, Medicare and Medicaid to obtain waivers and reduce medical liens all with
no additional charge.
Once your child has reached maximum medical improvement, we will prepare a demand fair to your child that has been
agreed to by you.
To finalize a settlement, the district court that appointed you guardian or the Circuit Court where suit has been
filed, must approve any settlement.
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Annuities, College Funds and Trusts
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Prior to court approval, our law firm will provide to our clients the option of establishing annuities and college funds
for your child. The establishment of a college fund or annuity will not only protect the funds but may provide tax
advantages. We feel these additional services are very important for complete representation of our clients.
In the case of a disabled child, we will work with you to establish a trust to protect benefits such SSI (Supplemental
Income), and Medicaid, which can be adversely affected if your child recovers money, or disqualify them for government
benefits.
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Summary
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If your child has been injured due to the fault of another person it is very important that you take immediate action and
locate an attorney who concentrates their practice in personal injury law with experience representing children. Always
remember, a statue of limitations may apply limiting the right to collect damages.
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