Advice on Injury Lawsuit - Semi Truck and Minor...?

[sandrark]

Short version:

Last year, a local long-term resident who parks his semi in the residential area of an HOA-covered development each weekend (to avoid parking tickets?) ran over an 11 year old who was sitting on the curb waiting for the school bus.

Really miraculous outcome, with no broken bones (the child got dragged into a storm drain, and the curb took most of the weight). But there has been damage to his knee, extensive road rash (the led to a staph infection while in the hospital), and progress from wheelchair bound to walker to now released to "all physical activities" in the last week. But there are still worries about possible stroke susceptibility.

An attorney has been retained; now the trucker's attorney has suggested mediation.

My friend (the mom) is unsure if it makes sense to go to mediation, or whether to insist on court. (This is in Florida, BTW). Her attorney is on a commission, wherein he'll get 33% of any settlement.

Any experience? Suggestions? Input would be greatly appreciated!

[rennigade]

No one knows what long term issues could pop up as a result of this accident. If I were the parents I would try to get as much money as possible, whether that means court or mediation. Not sure what is what or what is better...whatever option that has the highest possible payout.

[ua_guy]

I guess I would question if both parties agree to mediation and they can't reach an agreement, can it then go to court? Or, are the parties then bound to agreeing to something inside mediation with no way out?

I think the challenge is knowing how much a settlement is worth. I've heard people say "you should get/should have gotten more" by going to court--but how much more? At what point does "more" cover attorney fees and the extended timeline until settlement is reached? I can't answer that...

[Spiffster]

I imagine this case would make a killing if it went to court...

On a side note, can someone tell me why lawyers are somehow entitled to 33% commission (typically on top of fees)? That number seems extreme to me but damned if you're gonna find a decent lawyer who will take less than that... Any other area of expertise where professionals make this much of a commission, or even close to it? Even cases that dont go to court where a few phone calls and some paperwork are involved... 10% sounds more than fair IMO.

[cooliemae]

I imagine this case would make a killing if it went to court...

On a side note, can someone tell me why lawyers are somehow entitled to 33% commission (typically on top of fees)? That number seems extreme to me but damned if you're gonna find a decent lawyer who will take less than that... Any other area of expertise where professionals make this much of a commission, or even close to it? Even cases that dont go to court where a few phone calls and some paperwork are involved... 10% sounds more than fair IMO.

I agree, but this sounds like the lawyer is working on a contingency fee versus hourly. My first reaction is to find a lawyer that works by the hour so that the money goes to the kid. However, I understand if the family doesn't think they can afford the upfront cost of an attorney then the lawyer working on the contingency fee is better than nothing.

Was this just a tragic accident or malicious? I would assume it was just an accident and if I were the family, I would decide how much money might be needed for future problems and try and get that amount versus just trying to get as much as possible.

The other issue is on the back end with the money. I was hit by a car when I was 8 and my parents settled out of court with the driver's insurance. Medical bills paid for and cash for college. My only problem with the situation (looking back of course) was that the judge in the case was so risk adverse that the money had to be kept in an FDIC insured account. So for ten years the money sat there earning less than half of what it could have if it had been invested. So please make sure that the family takes that into consideration when they do get the money. Maybe not all of it should be invested, but it should be part of the portfolio.