Legal Question in Personal Injury in Wisconsin

Auto vs Pedestrian

I want to know if I have a law suit.

My 14 yr. old son was crossing a street in the cross walk when the stop light turned green and a car from another lane came thru and hit him.

My auto insurance is paying medical bills and then subragation against drivers auto insurance company.

My son has a broken collar bone-scared up arm and a badly bruised leg. He can not play baseball and has missed much school and have my husband I with work.

Help.

Thanks


Asked on 4/29/05, 4:32 pm

2 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Auto vs Pedestrian

Based upon the facts that you have stated, I believe that your son does have a claim that can be made against the auto driver and the insurance company. Without knowing more information, seeing the police report and obtaining witness statements, it is difficult to know if there is an arugment that your son may be found to be some percentage comparatively negligent, however, the information that you have provided would make me believe that the auto driver would be more negligent than your son, allowing for you and your son to be succesful in recovering for medical expenses, lost wages, disfigurement, pain and suffering and loss of society and companionship. Assuming that this accident happened in Wisconsin, your son would have until his 20th birthday to either settle his claim or commence a lawsuit. All of this information is being provided assuming that the driver of the car is not driving for a city, county, state or some other type of entity that might require some type of earlier notice to be filed. It would be important to also know if your son will require future plastic surgery or future medical treatment before beginning any settlement negotiations. There may be other issues in this case as to insurance coverage or other things that should be considered prior to settlement or starting a lawsuit in this case, however, more information and facts are needed.

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Answered on 4/29/05, 9:13 pm
Frank Pasternak Pasternak & Zirgibel S.C.

Re: Auto vs Pedestrian

Yes, your son likely has a case and you should definitely have a lawyer.

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Answered on 4/29/05, 9:38 pm


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