A lady just hit my car and totaled it. And got arrested for being high and had a child in the car

Asked over 1 year ago - Pensacola, FL

What kind of settlement could I be looking at??

Attorney answers (7)

  1. Keith William Weidner

    Pro

    Contributor Level 8

    8

    Lawyers agree

    Answered . With respect to you vehicle, assuming this accident is not your fault, you are entitled to the reasonable value of your vehicle prior to the accident. This amount is generally pretty easy to determine without the help of a lawyer.

    As for compensation for an injury, that question is more challenging. Not everyone involved in an accident is entitled to a settlement or money. In order to be legally entitled to compensation, you must have suffered an injury as a result of the collision. The court system is set up to compensate you based on the seriousness of your injuries. The seriousness of the injury will dictate how much money, if any, you are legally justified to collect. If you are not hurt, you are not entitled to any money.

    If you are hurt, you need to immediately see a doctor. If you have symptoms tomorrow, again, go see a doctor (it is very common not to have symptoms on day one but have symptoms the next day). Your legally rights can be adversely affected if you wait to see a doctor in the State of Florida.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . It depends on a plethora of factors such as the extent of your injuries, insurance coverages, etc. Retain a local personal injury lawyer in your city for representation if you sustained injuries. Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Jeffrey Mark Adams

    Contributor Level 20

    7

    Lawyers agree

    Answered . Sorry for your predicament. People don't get money just because an accident occurs. Follow the good advise received. Lets all hope that poor child is well.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. John Michael Phillips

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . The value of every claim is chiefly based on what injuries you have. Value of claims are based on medical bills, nature of permanent injury, and/or surgery. In the case of a drunk driving wreck and serious injuries, you could exceed policy limits AND get punitive damages, but that is based on ability to pay of the drunk driver. Unless it is someone made of money or a company, people rarely have enough assets that an excess judgment nets you anything they cannot bankrupt out of.

    Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. My recommendation is let an attorney handle this. I spent 8 years working for insurance companies and over a year working for the largest personal injury firm in the country before setting out to give clients personal service and help them fight these fights.

    Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawwyer.com. We'd love to help you. Our number is 800-6-know-law.

    Please CLICK the button if I HELPED or was BEST ANSWER. We also answer your questions on facebook- www.facebook.... more
  5. David Irving Shiner

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Before you look at the amount of settlement you'll need to assess what the coverage is. However the most important thing is to seek immediate medical treatment and then contact a qualified personal-injury lawyer. Please feel free to visit my website or contact me if I could be of assistance however in any event you need to make sure that you protect your rights as time is of yes

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to... more
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is not possible to answer your question based on your posting.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.



    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  7. Keith Patrick Ligori

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If the lady was charged with DUI the result could be enhanced for you. It depends what your injuries are. I would recommend calling a personal injury attorney in your area who offers free consultation.

    The Law Offices of Keith Ligori
    Free Consultations
    813-254-7119
    info@keithligorilaw.com

    Legal Disclaimer: Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. The... more
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