Legal Question in Personal Injury in Virginia
Injured as a passenger
My son was a passenger in another young man's vehicle when the wheel came off slamming them into a guardrail. The car was totaled and the boys were taken to the local hospital. A state policeman came into the room and asked my son some questions and left. Later we left after hearing from the other boy that his father would take care of the bill of about $3800. About 45 days has gone by and the hospital is asking my son for payment. He has asked the other boy's father if he'll take care of the bill and he was told that he could not and would not help. Apparently there was no report filed from the state police, no insurance was filed, and the gaurdrail was paid for in cash. My son is hitting dead-ends everywhere. he does not make enough money to hire a lawyer so what should he do? Point us in the right direction please!
3 Answers from Attorneys
Re: Injured as a passenger
I respectfully disagree with attorney Hendrickson who told you to call "legal aid." I would call a personal injury attorney in your area. You may well be able to find an attorney who will take the case on a "contingency fee" basis, meaning you do not have to pay the lawyer until there is a monetary recovery. Do not assume you cannot afford a lawyer until you have made appointments and gone to see at least two. It is possible the driver or owner of the car had an auto insurance policy that will cover your claim, or there might be another source of recovery. The lawyer(s) you interview should also talk to you about investigating how it was that the wheel came off, you might possibly also have a case against a repair shop or the vehicle manufacturer. You should contact an lawyer without delay, because there are legal time limits that can bar your right to recover if you do not file legal papers with the court within the time limits. Good luck!
Re: Injured as a passenger
Mr Stone's recommendation is certainly worthy of consideration. The problem, however, with this course of action for your son is that the attorney would take at least one third of any recovery (plus other costs which may be associated with the representation), which could leave your son owing a fairly substantial bill which he could ill afford to pay.
Therefore, if I were your son, I would first attempt to determine whether I could secure the services of a legal aid attorney at little or no cost to myself before resorting to what Mr. Stone has recommended.
Re: Injured as a passenger
Your son should contact the local legal aid society in his area to see whether he might qualify for a legal aid attorney to represent him in this unfortunate matter.
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