What Can I Do With My Settlement Award?
You and your attorney have worked hard for this day to come. Now, all of your hard work and patience have finally paid off. You’ve either won your court case or you’ve reached a settlement. It’s finally all over, right? Not quite. Just because the court decided in your favor doesn’t mean that the judge hands you a check and you pack for Vegas.
Winning a settlement isn’t usually the end of the process. Even though a settlement has been awarded, there are often still obligations that have to be met. There are several steps that have to be taken to ensure that everyone involved in the case, that is entitled to compensation, receives it.
Medical Treatment Without Insurance?
For many of us, it’s one of our worst fears: needing medical care and not having insurance. Millions of Americans are in this position with more individuals and families potentially being added to the group each time a person loses a job. But, while this can be a frightening realization to be faced with, there are options available to you.
The Emergency Medical Treatment and Labor Act (EMTALA), which was passed in 1986, requires insurance companies to offer continued health coverage to you after you lose your job. Most people recognize this protection by the name of it’s parent policy, known as the Consolidated Omnibus Reconciliation Act, or COBRA.
Can I Collect a Settlement on Behalf of My Child?
There are instances where a child is awarded money as a result of a settlement. Since the child is under the age of 18, they are considered a minor and, therefore, California courts do not legally allow them to sign for themselves. In this case, a child would need an adult to sign for them. This is called a Minor’s Compromise.
A child’s parent or legal guardian can act on the child’s behalf in a Minor’s Compromise. If the child lives with both parents, then either parent may assume this responsibility. In the event that both parents are living, but only one parent is considered to be the child’s legal guardian or custodial parent, then only that parent is allowed to sign on the child’s behalf.
What Is “Proving Notice” in a Slip and Fall Case?
We go to the supermarket with the intention of buying groceries for the coming week. As we maneuver the aisles, our attention is fixed on comparing prices and choosing the right foods for our family. We rely on the management of the supermarket to provide a safe environment for us to accomplish this. But what happens if you slip and fall in their store? If your accident was in some way the result of negligence on the part of management, how do you provide proof?
This situation is called “proving notice” and becomes the responsibility of the victim. As the victim, you have to prove that, not only did a condition exist that caused you to fall and become injured in their establishment, but you also have to prove that they were aware that the condition existed. Having prior knowledge means that they were aware and still took no action to prevent the danger from affecting others.