Legal Questions

[Duchess Jack]

As most of you know - my nephew was hit by a car a couple weeks ago.

 

My sister isn't able to think on this level right now - but she needs to get herself some representation and explore her legal options.

 

Josh's hospital bills are going to be tremendous and that is only the beginning.

 

What does she need to look for?

What does she need to avoid?

 

I am trying to get as much leg work done on this before talking to her about it. She's got enough to deal with right now.

 

I figure whatever her options - they are sure to take a long time so sooner is better than later. It also helps me feel like I am doing something - puts all that nervous energy to work.

[TheShiznit]

As most of you know - my nephew was hit by a car a couple weeks ago.

 

My sister isn't able to think on this level right now - but she needs to get herself some representation and explore her legal options.

 

Josh's hospital bills are going to be tremendous and that is only the beginning.

 

What does she need to look for?

What does she need to avoid?

 

I am trying to get as much leg work done on this before talking to her about it. She's got enough to deal with right now.

 

I figure whatever her options - they are sure to take a long time so sooner is better than later. It also helps me feel like I am doing something - puts all that nervous energy to work.

 

I am not a lawyer DJ, but she needs to make sure the person who hit her son had insurance...that is pretty much going to be her initial claim for money. However, she will need a lawyer to settle the claim with the insurance company cause they like to make people sign forms saying that they are no longer liable for anything else for whatever they offer.

[Duchess Jack]

He has insurance - but again, I can't imagine it would amount to too much with the age of his car. I figure that they are liable only up to a certain amount.

 

I believe his insurance info is in the police report (which I haven't seen yet)

[TheShiznit]

He has insurance - but again, I can't imagine it would amount to too much with the age of his car. I figure that they are liable only up to a certain amount.

 

I believe his insurance info is in the police report (which I haven't seen yet)

 

Some have single limits...others have split limits. Hopefully he had a good agent who advised him to buy higher limits.

[Double Agent]

I may have missed this, but does your nephew have health insurance?

[yo mama]

You need to figure out how much cash you've got available to dedicate to a legal action. Many lawyers will take a case on contingency, but you still need to be honest with yourselves about what your resources are and how you're going to allocate them. Even lawyers who will take a case on contingency generally require you to pay certain fees and costs out of pocket. And there are going to be medical bills and other junk you need to plan for. So you've got to have a financial "come to Jesus" meeting with your sister and family, if they are going to help.

 

Gather all the information you can on the person who hit your nephew. Name, age, address, where the work, if they have insurance. Any plaintiff's attorney is going to need those basics. Gather what you can, give it to your attorney, and let them determine what is important and what isn't.

 

While the events are still fresh in her mind, she (and your nephew, if possible) should record their recollections of the event: a journal is good. Dates, times, circumstances, etc. Memories fade and any trial could be a year or more away. You can generally use a recorded recollection to help refresh your memory in such proceedings. Plus, such a narrative might be useful in getting your plaintiff's attorney up to speed. Strive for concise accuracy; not emotion. Don't try to preemptively argue the case. Photos of your nephew and his injuries could also be helpful.

 

Don't admit any kind of fault, in any way. Not in writing, over the telephone, or in person. You have to assume that anything you say or do could be used against your nephew to show that, in some way, he contributed to the situation that lead to his injuries.

 

Don't talk to driver, their attorney, or family without your attorney present.

 

Gather referrals for reputable PI attorneys. Many are scum. Schedule interviews with three or four (the interviews should be free; if they aren't, that should tell you something). Pick the one you feel most comfortable with and whose fee arrangement is most acceptable to you. If you don't know anyone who can recommend a PI attorney, the local bar association may have a referral service you can tap into.

 

Keep relevant documents organized. Police records. Hospital bills. Medical/injury reports. Newspaper articles. Anything that might be used to substantiate damages or liability. Start a binder; do not use the "shoe box" method.

 

Be rational. The goal is for your nephew to be made whole, economically. Don't try use the legal system to destroy the driver. That's the DA's job, assuming criminal charges are brought.

Edited March 21, 2008 by yo mama

[Duchess Jack]

Thanks yo mama. Good advise.

 

As for breaking the guy - I'm just looking to make sure that my sister is going to be able to take care of him. She is going to have enough on her hands without the added stresses of bill collectors.

 

As for health insurance - she wasn't working. Josh's Asberger's got her fired from a few jobs (because she needed to leave all the time to pick him up from school) and the jobs just go further and further apart.

 

She just got married - and I believe her husband has insurance (he's in trucking) and he might have some coverage for Josh.

[BillyBalata]

I was in a car accident just over a year ago. From that experience I can tell you, you won't have to go looking for a lawyer, within a couple weeks they will most likely start receiving offers from lawyers in the mail almost on a daily basis. I had one place send me 3-4 letters, the later ones asking why I hadn't contacted them yet.

 

 

So while they might not need to rush into anything in regards to hiring a lawyer, it won't take long before it gets brought up. It can be helpful to have a lawyer in place from the get-go when it comes time to deal with the insurance company.

 

Hopefully the driver was properly insured and no problems crop up with the insurance company and them trying to find some loopholes.

 

Hope all works out.

[dmarc117]

what yo said!!!

[rocknrobn26]

Have the cops ticketed the driver?

My point is, a very good friend of mine's son was hit crossing an intersection, walking his bike, by a "right turn on red" driver (Arizona). Yes he was in the walk zone. No ticket was issued and when they tried to sue, somehow (The driver claimed my friend's son was crossing against the "No Walk" sign and or he had the green light ) my friend's son was said to be at fault in court and that's the way it ended. No witnesses could be found, No $$$. Get a lawyer lined up now, DJ!

[Beaumont]

Dont hire a lawyer who mails you a solicitation.

 

I can give some recommendations on attorneys. I am licensed in TN, but do not practice there anymore.

 

With serious injuries it is rare for the auto policy limits to adequately cover the claim. She should be inventoring her own policy (and every policy of any member of the household where the injured person resided.)

 

Possible sources:

 

1) The bodily injury liability limits of the tortfeasor driver;

2) Claims against employer of tortfeasor driver if he was in the course and scope of employment;

3) Person who loaned tortfeasor driver the car if applicable.

4) The auto policy of any person living in the same home as the injured person (looking for medical coverage, personal injury protection, and underinsured motorist coverage);

 

Maybe more but I am not familiar with the facts.

 

Big medical bills = big liens, be it hospital, medicaid or ERISA. Hard to get any real money in the injured persons pocket.

 

They need a good attorney to review the case.