Legal Question in Personal Injury in Pennsylvania
Advice (Do I have a case?)
My husband was in a car accident at around 3 a.m. and nobody was notified of it untill around quarter of 11 in the morning. He woke up in the hospital with nobody there with him, he had to have one of the nurses call me and let me know where he was. I was so mad! I am still very angry just thinking about it. The accident was this past Thurdsay morning 1-18-07. Shouldnt somebody have been notified when he was brought to the hospital, he had identification on him. I dont have a home phone so I understand that I couldnt have been reached right away but he was driving his mothers truck which had all of her info in it so they should have called her and she was never called either, I had to call her. I think it is terrible that he had to wake up alone and in pain with no one there to comfort him. I have never sued anyone in my life, but I want to know if I would sue someone if it should be the police or the hospital, im not even sure which ones were the ones who were supposed to notifiy us of the accident in the first place. Please let me know what I can do as soon as possible, I know time is of the essence and the longer I wait the harder it ill will be to do anything. Thank you.
5 Answers from Attorneys
Re: Advice (Do I have a case?)
You may have some recourse against the other driver if he was the party who caused the accident. Regarding the delay in notice to your family this is unfortunate but unless it somehow increased his risk of damages from the accident then it probably would not be an actionable matter. If you would like to discuss this further then you may contact me at my office.
Re: Advice (Do I have a case?)
Your husband's only claim will be against a party that caused him damage. The fact that nobody contacted his next-of-kin did not cause any legal harm. Who caused your husband's accident?
Re: Advice (Do I have a case?)
Ma'am:
Sorry to hear of your troubles. You would think that SOMEONE would have gotten a hold of you via the info. in the car. That is very strange.
Who caused the car accident? Your husband may have a claim for personl injuries against the other driver.
Please give me a call and we can discuss this further. I am a practicing trial attorney in Pennsylvania, New Jersey and Florida.
Take care ,
Len Haberman
Re: Advice (Do I have a case?)
If the delay caused harm, you may have a case. Your better case is against the striking vehicle. I know you are angry and upset, however, the law doesnt provide a remedy for rudeness. Let me know if I can help.
Re: Advice (Do I have a case?)
The bottom line is that even though the notice was late, what additional damages were suffered as a result? Probably not worth pursuing for monetary purposes. I'd recommend a letter writing campaign to the police and hospital to let them know so it does not happen to anyone else.
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