Re: CO insurance settlement
Posted by johncodie on 3/20/04
It depends upon the age of the girls, if they are minors,
and if there is a pending suit filed, or to be filed. There
are medical files that have provided some of which have been
paid for under the agreement to pay, and other medical files
that have not been paid for, still under your credit
history. Would not advise any settelment until you are
properly represented and 2nd, or 3rd opinions confur the
damage from exposure has been been resolved or the amount
offered with be enough to pay for continued physical
therapy. Depending upon the amount of exposure, such
exposure has been known to create permanent damage, that can
only be compensated by making a sum available that will make
future living expenses easier to pay in the future. Future
income possibilites will need to be evaluated. In the case
of minors, a judge would have to approve a minors
settlement, and a guardian would have to be assigned.
Unless you have the facts it could prove to be a long period
to litigation, but I have known others to be permanetly
disabled. Unless you knew the person before the exposure
you probably could not tell the amount of deminished
capabilites, but afterwards,,,,,,,,,,it can be a handicap
for life. $1,500 would not pay for the normal government
paper work of a contactural file. If you have doctors
reports, and a case file, perhaps use the multiple of $1,500
times each sheet of paper in the file and that may be
starts. You need the help of an experienced attorney to
look or take over your case on a contingency basis. Even
with tort reform $1,500 could have been better spent by the
business in fixing their system. Consider how much it cost
these days to put a young daughter through medical school.
That is probably close to an amount that would be fair.
On 3/19/04, Injured's mom wrote:
> My daughter was exposed to carbon monoxide while staying
at a Holiday Inn.
> She was treated very roughly at first by the staff, and
when they tried to
> contact the hotel management about felling ill in their
room they were told
> they probably drunk or using drugs. After calling thie
parent's and being told
> to go the emergency room, the hotel did an about face and
gave them comps.
> The hotel's insurance company paid most of my daughter's
medical bills, but
> they stopped paying them at thier cap which left my
daughter with deliquent
> medical bills that are now on her credit history. The
insurance company did
> not inform us that they had a dollar cap on medical
treatment until I was
> contacted by a collection company for the hospital. They
are now offering my
> daughter $1500 to close out the case. As far as we know,
neither girl suffered
> any effects from the exposure, but my daughter's blod gas
was very high
> initally. Should we accept the $1500 or should we pursue
this further?
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