Legal Question in Personal Injury in California
My 17 year old daughter was a passenger in an auto accident.
My Daughter was in the back seat of a car, when the driver (of the car she was in) ran a red light. It was broadsided on the drivers side. According to the police and the police report, the driver of the car was under the influence. Both cars were totalled. My daughter was transported to the emergency room, treated for minor injuries and released, after being under observation for about 5 hours. She is suffering from a very bruised hip, major back and shoulder pains, and severe headaches, and cuts from the glass.
I have her going to a doctor. I know she was lucky, and the report came back that she (thank goodness) was sober, and clean. I am wondering if I should persue this with an attorney, or let it be. I worry
about her future, and possible problems.
6 Answers from Attorneys
Re: My 17 year old daughter was a passenger in an auto accident.
Where and when did the accident happen? Do you have a copy of the police report? Who was the driver's insurance company. I am licensed in both Indiana and California and have 49 civil trials regarding such cases.
Re: My 17 year old daughter was a passenger in an auto accident.
Not only should you pursue this on behalf of your daughter, I believe that as her parent, and presumably her guardian, you are obligated to pursue this on her behalf. She is a negligent free passanger; however, there may be an issue of her getting into a car with a drunk driver. You should pursue this immediately. If you would like to discuss it, please call me at 818/783-3391.
Re: My 17 year old daughter was a passenger in an auto accident.
Generally, there is a statute of limitations of one year in California to file a lawsuit against the responsible party(ies)from the date of the collision. [Note: The statute of limitations may be shorter depending upon the defendant. Also, the statute may not begin to run until she is no longer a minor.]
As time goes by you will probably have a better idea of what her injuries are. It is quite common for injuries to take quite a while to resolve. She should get the appropriate treatment now so as not to have more significant problems later in life.
I would be happy to discuss this matter with you.
805-494-6557.
e-mail: [email protected]
web-site: www.donnerlaw.com
Re: My 17 year old daughter was a passenger in an auto accident.
Should you pursue this through an attorney? YES. At this time there is no telling what impact this accident will have on your daughter. It costs you nothing to consult with the best personal injury law firms. The best firms will provide free consultations, free case evaluations, advance all costs and charge no fee unless and until their is a recovery. You need to preserve your daughter's rights.
Your daughter has been injured. The driver of the auto your daughter was in was at fault. The negligent driver has paid for auto insurance to protect those injured by her negligence. Your daughter is entitled to collect on that insurance. If your daughter does not collect what she has coming the insurance company gets to keep the money that was set aside for her. Who is the most deserving of that money, the insurance company or your daughter.
There is an insurance company group that does research on various issues for insurance companies. In a recent study, this group determined that, people who hire attorneys for injury cases recover more money net to them then those who handle their cases themselves.
Please consult a law firm specializing in personal injury law as soon as possible. Do not discuss this matter with any insurance companies until you have consulted with an attorney.
Another reason to consult with an attorney as soon as possible is that there may need to be an accident scene investigation and photographs taken of the scene and the vehicle involved. Witness statements are best taken as soon as possible. The "top notch" personal injury law firms will have an investigator on the scene within hours. There is important information that must be preserved in the event of disputed facts.
Twenty six years ago I was in an accident much like your daughter's accident. Because I didn't get good legal advice and the best medical services I am still suffering from the shoulder, neck and back pains. That is one of the reasons I am so passionate about getting my clients all the assistance and guidance they need.
There are time limits within which a claim must be made. For your daughter it could be her 19th birthday or it could be as soon as six months from the accident date.
I am VERY interested in assisting you and your daughter in this matter. We do cases all over the State of California.
John Bisnar, Senior Partner
Bisnar & Chase, LLP
Personal Injury Attorneys & Counselors at Law
www.seerious-injury-law. com
800-956-0123
Re: My 17 year old daughter was a passenger in an auto accident.
I would definately recommend that you persue this matter vigorously. I have a close personal friend who was in a similar situation. On her 16th birthday, the four friends went out driving in one of their parents brand new car. The driver was under the influence and went around a corner to fast, spun out and broadsided a tree. Everyone except for my friend walked away. My friend ended up with a broken hip, leg, ankle and disc. She was in the hospital for three months and had to have a hip replacement. To this day she is in constant pain and walks with a limp. Fortunately, the owner of the vehicle was insured and my friend received comepensation for her medical bills and pain and suffering. She was never the same after the accident.
Your daughter is young and all of her injuries may still not be evident. She is entitled to compensation for the pain she has suffered and money to be put aside should future medical problems come up. Who knows if ten years down the road something shows up and she is not able to see a doctor because she doesn't have any money. Your daughter must file a claim by her eighteenth birthday or she losses her right to compensation. If her birthday is approaching you may want to file a lawsuit just to protect her rights to compensation even if you decide latter not to pursue the matter. Her rights should be protected.
You should definately consider hiring an attorney to represent your daughter in this matter. There are a couple of things that need to be done on a case when a minor is envolved. I would be happy to discuss the case with you in more detail. Please feel free to contact my office for a free, no obligation consultation. My toll free number is 877-546-9918, or email me at [email protected]. I handle these types of cases on a contingency fee basis, this means that I get paid when the case settles or a judge renders a judgment in the matter. You and your daughter need to focus on her recovery and let a lawyer deal with getting her the money she may need in the future.
Feel free to look up any of my previous lawguru answers and my lawguru webpage. It can give you an idea of how I run my office. My wife and I work together in my office. It is a small office and I keep my case load small so I can deal with my clients personally and give more time to each individual case. I have handled personal injury cases for over a decade and I have never lost a trial, which isn't a bad track record if I do say so myself. Anyhow, I hope you seriously consider my offer. If I don't hear from you I wish you the best of luck and strongly urge you to atleast consult with an attorney before making a decision in this matter.
Sincerely,
John Hayes, Esq.
Re: My 17 year old daughter was a passenger in an auto accident.
Please call 1-800-677-1010 and ask to speak to me or investigator Don Dunlop for a free phone consultation. Keith Knochel
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