I'm a 50-year old married woman, and I was parked in a lot, waiting for my husband, when all of a sudden I heard an explosion, and I was thrown out of the car. The 18-year old that hit me with his car had just been fired and was "in a state of rage", was preparing to back out of his parking space, hit the accelerator harshly and crashed into my car. An ambulance came and rushed me to the local hospital. I was diagnosed with severe head trauma,and was in intensive care for a week. To complicate matters,my health prior to the accident was not the best.I suffer from Lupus, and this accident has progressed the nature of the disease. My recovery has been slow and there has been no progress for me to get back to the state of health I was in before the accident. The doctors have told me that I have a shorter lifespan. I have been forced to resign my position as a nurse,as I have been unable to carry out my duties from the pain. My husband and I are living on a limited income; he is retired.
2007-02-12 08:04:07 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
And my employment helped us survive. I am so frustrated, and I need help, badly. Can I pursue action against the 18-year old that ruined me? How do I go about that?
2007-02-12 08:04:29 · update #1
Without knowing what state or country the incident occurred in, it is difficult to answer. In the US, it will depend on whether you live in a "no-fault" state or not. Even then, the element of rage or intent to hurt someone, whoever it was, might give you a claim you might not otherwise have.
Your age and state of health are going to complicate matters, so that, if there is little insurance and the other driver does not have much in the way of money or other assets, some of the big personal injury law firms will not want to take on your case.
But definitely get yourself the best PI (personal injury) lawyer you can find.
2007-02-12 08:17:24 · answer #1 · answered by thylawyer 7 · 0⤊ 0⤋
You have gotten a lot of good answers, but I wanted to add that if you are in the US and you have "no fault" insurance (a portion of your policy that pays for lost wages and medical bills), be sure you have made a claim. Also make a claim under- or uninsured motorist provisions of your own policies.
You seem to have a "full liability" case, meaning you were not at fault, BUT, if you were illegally parked, you might not have as strong a case. If you were parked legally and/or in a relatively safe and obvious place that may not have been a legal spot, take some pictures of the parking lot...just in case signage and markings are changed in the future.
Be prepared that you will need to disclose your medical conditions to defense counsel in a lawsuit. If you claim that the accident has aggravated your Lupus, you will probably need to disclose all your previous treatment for that condition. It is intimidating, but necessary.
2007-02-12 12:19:58 · answer #2 · answered by Marie 4 · 0⤊ 0⤋
I am an attorney. Have you made a claim for the full limits of any automobile insurance policy? Of course you can sue him, but if he has no money, there really is no point, unless he is very well insured. His parents are not liable, as he is an adult. Contact a good Personal Injury attorney and tell them what happened, what you have lost, and what you have done about it. They will advise you properly. But remember that suing someone is a very long process, and it doesn't mean that you will come out of it any better off, either financially, physicially, or emotionally.
2007-02-12 08:24:00 · answer #3 · answered by Catherine T 2 · 0⤊ 0⤋
The law will vary tremendously from province to province (I assume you are from Canada given that this is classified as a "Canadian question.). In BC, you will have 2 years from the date of the accident to sue. You should sue ASAP, with the aid of an experienced personal injury lawyer with whom you feel a good fit. Delaying risks the loss of valuable evidence. Also, contact ICBC ASAP and make a claim. I cannot stress enough how important it is to act quickly.
Part of your claim will be for "general damages," which is what the law calls money awarded for things along the lines of pain and suffering. You will also claim for things such as loss of ability to earn income, cost of future care, money spent out of pocket for care to date, and other small things such as loss of ability to maintain your household. You will be able to claim to the extent that the accident made your pre-existing conditions worse. There may be an award of punitive damages. In addition, you will claim "Costs," which is a contribution to your legal fees and out of pocket expenses for bringing the law suit. In cases of severe injury, where a person has lost the ability to work, the wage loss component of a claim is quite often the largest part, by far.
Your claim will almost certainly require multiple expert reports, including a doctor describing your injuries and how they are likely to pan out over time, a functional capacity evaluation discussing what you can and cannot do, a mental capacity evaluation (obvious what this is), a wage loss workup, and cost of future care report.
Hopefully you or the other driver has sufficient insurance to cover the claim.
I strongly advise you to go with your husband to visit a couple of lawyers and decide with whom you feel the most comfortable. The lawyer should have experience in serious injury cases. If you need help locating counsel, the Lawyers Referral Service or Law Society of British Columbia (http://www.lawsociety.bc.ca/) should be able to help.
2007-02-14 04:11:22 · answer #4 · answered by Eric W 3 · 0⤊ 0⤋
you can try to sue the 18 year old, see if his insurace will pay for your medical bills. More than likely the kid has no money and since he is 18...his parents might not have to fork up he money. If he has car insurance, it might cover it. But it will be tough getting money from a 18 year old, especially one that now has no job. But try to talk to a lawyer on a free consultation.
2007-02-12 08:10:00 · answer #5 · answered by xxmilitarychikxx 3 · 0⤊ 0⤋
Call any reputable experienced civil attorney and do it soon. You can sue the 18 year old, his insurance company, the store, and John Does 1 to 100 inclusive....Get on this NOW!
2007-02-12 08:08:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes ma am you sure can. I'm surprised that you haven't already brought a suit on this kid's insurance company. Get you a lawyer, because you've got a good case! I see people getting thousands of dollars just for being rear ended... Your life was ruined, and you're owed compensation.
2007-02-12 08:13:51 · answer #7 · answered by mojojo66 3 · 0⤊ 0⤋
Get a lawyer, they will go after his insurance company. Most attorneys will give you a free consulation to help you determine if you have a case or not. Regardless of the legal outcome, I hope things get better for you
2007-02-12 08:08:22 · answer #8 · answered by Jeremy B 2 · 1⤊ 0⤋
I would imagine that any claims attorney would jump at the chance to represent you. Open the Yellow Pages and start making phone calls. Your story is a dream come true for a claims attorney.
2007-02-12 08:07:53 · answer #9 · answered by sirdoctorfine 2 · 2⤊ 0⤋
where are you in the usa call one of those accident injury lawyers
in Canada pay instalments for a retainer for a lawyer and sue the little raging ******* for all he is worth or ever will be
2007-02-12 08:27:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋