Legal Question in Personal Injury in Texas
Hit by a car
My brother was hit by a car. He did not go immediately to the hospital after the accident, he went about 8 hrs. later. The person that hit him only left her phone number. What type of legal action could he take? Will him not going directly to the hospital affect it?
2 Answers from Attorneys
Re: Hit by a car
Let me begin by extending my condolences to your brother. Please note that not all serious injuries are immediately apparent and the extent of the injury is usually not apparent until after a visit to the doctor's. You may want to examine the reasons your brother waited to see a doctor but eight hours is not an unreasonable amount of time.
Yet, the fact that your brother waited to see a doctor does not change liability or damages in the case. It may have some bearing on the amount of damages he may be awarded, however.
In order for me to instruct you on your available options in this case I would need to know more about what happened. One of the best things for you to do right now would be to contact the person who hit your brother immediately to make sure you get information on the insurance carrier. Before I could even begin to speak to you about the merits of your case, I would need to know what happened, if there were any witnesses, what injuries your brother did sustain, etc. In the meantime, I would suggest that your brother contact an attorney as soon as possible.
Re: Hit by a car
In general, your brother probably did not cause any problems for himself by waiting the hours he did. The only issue would be the amount of damages he might receive. Liability still sits with the driver of the car if your brother was without fault.
Right now it is most advisable for him to keep in close contact with his doctor to ensure that any new developments are noted immediately.
It is also important that he obtain as much information about the driver as possible in the event he wants to pursue his legal options.
Without more facts I won't go any further. If you brother is interested in discussing his options, have him contact my office to set up an appointment.