My 13 Year old daughter was involved in a tragic car accident this past December she was a passenger and suffered a broken right femur, head trauma, and back trauma. One child passed on scene the driver of my daughters car was at fault he failed to yield the right away of a stop sign. My question is there was no car insurance and we are now left with over 100,000 dollars in medical bills for her from the accident that our insurance did not cover, not to mention she is still dealing with physical, emotional, and mental issues what can I do as a parent do I seek a personal injury attorney or would it be a civil attorney? What can be done to possibly get some kind of compensation?
I am so sorry to hear about your daughter's accident. You absolutely need a personal injury attorney on your side to get the compensation your daughter deserves. An experienced personal injury lawyer can seek out responsible parties and/or applicable insurance which could come from a variety of sources that the average person would have no reason to know. Most firms give free initial consultations, including the one that I work for.
I'm very sorry to hear about your daughter. As a father, I can empathize with how awful it is when you child is hurt. You should definitely contact a Colorado personal injury attorney. It is highly unlikely that the semi had no insurance and even if that was the case there may be other avenues that can be pursued to get compensation for you and your daughter. Often times semi accidents occur because of poor maintenance, over worked drivers, and any number of other causes that could be the responsibility of a third party so I would certainly get a lawyer to look more closesly at the situation.
Hoffman, Sheffield, Sauseda & Hoffman
600 Grant St., STE 450
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I share the belief that it is unlikely that a semi was on the road without insurance. You say that your insurance did not cover $100,000 in medical bills. Are you talking about medical insurance or car insurance. Your medical insurance AND your car insurance should provide benefits in this situation. Call me, and I'll be happy to discuss these possibilities with you. 303-232-5151.
I am very sorry to hear about your daughter's accident and the death of her friend. If I am reading this correctly, the truck driver was NOT at fault, and the at fault driver (driver of the car your daughter was a passenger in) was uninsured?? If this is the case, you need to look at the family car doctrine as a source of insurance from the parents of the at fault driver, or what is called Uninsured Motorist coverage of your own auto policy. This is coverage you have on your own policy for situations exactly like this - where the at fault driver was uninsured. Depending on your coverage, the number of cars you own, and a number of other factors, you may actually be able to source my than one UM insurance policy to help get your daughter the compensation she deserves, and to help you pay for your daughter's medical bills and other care (both past and future). You need an experienced personal injury attorney who is particularly skilled with insurance coverage analysis because you need to find as much insurance as possible -- and the insurance company will not help you uncover applicable policies. Finally, while most often a personal injury victim's recovery is limited to available insurance policies, there remains the option of going after the at fault driver's assets, or in some instances, the assets of the parents, if the driver was a minor. NOTE: It was unclear from your question whether the driver was a young kid, or possibly the parent of the child who passed. Good luck to your daughter and your family.
Tough situation, especially at such a young age. You are doing the right thing by asking questions. What you need now is information, then you should decide what path to take. The first thing I do with my clients is make sure they get the proper care so they get better. I am representing a girl in the exact same situation as your daughter. She was a passenger and the driver of the car she was in ran a red light and they were hit by a semi. The only difference is that my client was a few years older than your daughter. I made sure, and you need to make sure she is seen by all the medical providers that will help her get back to normal (or as close as possible). This may include follow up care with child psychiatrist, orthopedic surgeon, neurosurgeon, plastic surgeon, physical therapist, and possibly more. Many of these providers will treat on a lien (agreed to be paid later), but they usually want to make sure you are represented by an attorney they can trust.
You stated that there "was no car insurance." You may be right that the driver of the vehicle your daughter was in did not have insurance, but your daughter may still be covered by another policy. Finding all the insurance policies that may cover your daughter's medical bills is what good attorneys do. You might be surprised if/when you find out that there is a policy that covers your daughter's injuries. You should let someone help you investigate all the policies available.
Also, good personal injury attorneys will negotiate your bills so that you won't face financial ruin. This wasn't your daughter's fault. You shouldn't be forced to be responsible for the driver's negligence. You are asking the right questions, just make sure you get the right answers. We offer a free car accident tool kit that may answer more of your questions. Best of luck. I hope this was helpful.
I am also very to sorry to hear about this and hope your daughter has speedy recovery. But I agree with Attorney Tenge that you certainly should have an UM/UIM claim provided you purchased that coverage. This will be under the Bodily Injury provisions of the policy. Hire a good trucking lawyer and they will have an expert check out the trucker's liability.
I am very sorry you dauthter was involved in this type of wreck. In light of the serious nature of the wreck and your daughter's injuries, I suggest you immediately consult with an experienced and qualified personal injury attorney in your area. Thanks and good luck. www.urhurt.com
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