Legal Question in Personal Injury in California
my son, a marine, was killed in a car crash on base when his personal vehicle was hit by a humvee. official reports state only that a "tactical vehicle (a humvee) collided with his personal vehicle at an intersection on base". we have been told that witnesses saw my son sitting at a stop sign when the driver of the hummer lost control of his vehicle and collided with my son. we have also been told the other driver was not authorized to use the humvee. do i need a lawyer, or do i wait for the official report which could take "several weeks" to complete?
6 Answers from Attorneys
I'm so sorry to hear about your loss.
LawGuru has a category called "Military Law", which is probably a better place to ask this question. I suggest re-posting it there. Most litigators -- myself included -- have never pursued a claim against the military and don't have the knowledge or experience you need. The lawyers who answer questions in that category will be much better able to help you.
Good luck.
I am very sorry to read about your son's tragic death.
In direct response to your question, I would not wait another minute to discuss your matter with an attorney. Given the nature and extent of damages involved in this matter, I believe that retaining an attorney as soon as possible would be highly appropriate. Please contact my office tomorrow morning at either 1.818.385.0520, or toll free at 1.877.505.INJURY to set up a free consultation.
The feds have very restrictive claim procedures that are very time sensitive and are quite attenuated with very little room for relief if the procedures are not followed.Contact an attorney who has experience in the Federal tort claim act . I believe that is the name of the body of rules that governs claims of this nature .
The depth of your loss demands the most respectful response, so I will try and provide as much useful information to you as I can under the circumstances.
First of all: yes, you should absolutely hire an attorney, someone who can coordinate an independent investigation of the facts, so that you are not relying solely on the investigation done by the ones who are responsible for the accident.
You should not be charged more than 25% on the case. An attorney who charges more than that is guilty of a federal crime.
The Federal Tort Claims Act requires that you file your claim with the responsible agency within two years of the accident. If they reject the claim, you then have six months to file a lawsuit. The lawsuit must be filed in federal court, so any attorney you hire must be admitted to federal court.
I myself am admitted to federal court. If I can be of any further assistance, please contact me toll-free at 877 LION-FOR-LAW (546 6367) or by email to [email protected]
My sincere condolences on your loss, and yes you should immediately contact an attorney experienced in dealing with personal injury and wrongful death cases. You will have to file a federal tort claim and you have 2 years to do that but you should not wait because the government will do nothing for you unless you file a claim. The longer you delay the more difficult it is to locate witnesses and gather evidence.
I assume that you son was off duty at the time of the collision because if he was on duty then the government may have immunity under what is called the Feres Doctrine.
You may give us a call if you would like to discuss the matter further at
(866) 981-1850 and you can check out website out at www.bellilawfirm.com.
You should call me for a free consultation on your car accident case at 800-816-1529 x1. My law firm handles car accident cases all over the State of California. You can read about these types of on my website at www.thepersonalinjury.com . You may also email me directly at [email protected] .
I look forward to discussing this case with you.
Norman