Can I sue the man that hit my car with my six year old daughter in the back seat, and the man who hit me was arrested for DUI.

Asked 5 months ago - Frankfort, IL

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There isnt much damage to my car but my daughter was and still is very frightened from the accident. Im not sure yet if the man had a valid license and insurance.

Attorney answers (6)

  1. Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered January 17, 2013 21:12. Certainly if either you or your daughter were injured and received medical or psychological treatment, you could pursue a claim or lawsuit against this man, perhaps having potential for punitive damages if you could prove intoxication. Get treatment and visit an injury lawyer if so. However, if no physical injuries resulted and your daughter hasn't required counseling, the damages are negligible.


    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
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    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Pro

    Contributor Level 20

    11

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    Answered January 17, 2013 21:20. I'm sorry to hear about this. If either of you sustained injuries, you should retain a local personal injury lawyer to pursue a claim.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Contributor Level 11

    9

    Lawyers agree

    Answered January 17, 2013 21:10. If you or your daughter are injured, seek medical care and contact a personal injury lawyer in your area to review your possible case.

  4. Contributor Level 20

    8

    Lawyers agree

    Answered January 18, 2013 12:12. 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. The Guides can be accessed through my profile page on Avvo.com.

    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.

    This ans. does not create an attorney/client relationship.
  5. Pro

    Contributor Level 10

    7

    Lawyers agree

    Answered January 18, 2013 07:18. I am sorry to hear about your car accident and I hope that you and your daughter will be okay. The most important concern is to make sure that you and your daughter receive the medical treatment that you need, including psychological help if your daughter’s fears remain.

    You may be able to pursue compensation from the person who hit you. To prevail in a claim, you need to prove that the other driver bears some or all of the liability for causing the accident. You will also need to prove that you or your daughter suffered substantial damages. You can pursue the other driver for property damage, lost wages, unpaid medical expenses and pain and suffering, among other damages. The value of the damages will depend upon the actual damages you incur. If you have minimal or no injuries, then there are no damages to pursue.

    I suggest that you consult with a local personal injury attorney. The consultation should be free.

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is... more
  6. Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered January 18, 2013 07:49. Sorry to hear you and your daughter were involved in a car accident. If you are both hurt, please get medical attention. After your treatment, contact a personal injury lawyer to discuss your case. Do not make any statements to the other party's insurance company. take pictures of your injuries and of your car and give them to your attorney. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

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