Legal Question in Personal Injury in California
Pedestrian /Collison
My child is in elementary school and was struck by a car while walking to school and suffers fractured ankle and is still in a cast. the other party's insurance refused to pay any liability because they said my son was at fault and don't where to go from here. Where does my case stand?
6 Answers from Attorneys
Re: Pedestrian /Collison
If there was a police report, you need to get it for more info. Are there any witnesses? Can your child give an account of what happened? If you feel you have enough facts and evidence of negligence against the other driver, you'd have to sue. Get everything together and have a consult with a personal injury attorney in the area where the accident occured. If you are in Orange County, I'll be glad to provide a free con-
sultation. Sam Eagle 714-963-5123.
Re: Pedestrian /Collison
You will need to make a claim against the School District and probably file a lawsuit. There are strict time requirements and content requirements for bringing a claim against a governmental entity.
You should have the facts of the incident analyzed by a qualified attorney, and possibly, certain types of other experts.
Joel Selik
Re: Pedestrian /Collison
You contact one of many attorneys who will be willing to take your son's case on a contingency basis (no recovery - no fee). Any settlement and payment of attorneys fees will be required to be approved by the court since you son is a minor.
Feel free to contact me or any other attorney participating in this service.
Re: Pedestrian /Collison
we would need more details to properly assist you legally in this matter. critical issues would be the age of your child, how the accident occurred, and how far along are your negotiations with the insurance carrier to date. just remember, insurances providers routinely and systematically like to deny claims from the onset, especially if a layperson is not represented legally. if you would like a free phone consultation regarding this, email us directly with your contact information today.
Re: Pedestrian /Collison
I handle cases like this on a daily basis. My first bit of advice would be not to speak to anyone but an attorney at this point. Statements given to the insurance company for the driver of the auto, or to the school could hinder your case. There are many questions that need to be answered by me to be able to give you proper legal advice.
Feel free to call me for a free telephone consultation at 818-427-6246. (cell)
Re: Pedestrian /Collison
1. Have your son's injuries treated by all doctors. In this case I'm talking about not just an orthopaedic surgeon but also other specialists depending upon the medical necessity.
2. Do not allow any insurance adjuster or investigator, school district included, to take your or your son's recorded statement.
3. Do not provide any writing to insurance adjusters or school district investigators.
4. Do not sign blank authorizations to release information, including medical information.
5. Consult with your lawyer immediately or if you do not have a lawyer call any of the attorneys who responded to your question. You may also contact me for a free consultation at (323)782-0099.
6. This type of case is routinely handled on a contingency basis and the attorney's fees are 25% subject to court's approval.
7. Be cautious as to attorneys who would advise fast settlement since the complete extent of your son's injuries must be clearly identified.
8. Lastly, if you intend to sue the school district (more facts are needed for this one), you must file a governmental claim within six months from the incident.
Good luck and I wish your son a speedy recovery.