Expert Advice When You Need It Most

Do I need a personal injury lawyer? If so, who do I sue?

MVA head on collision. Reponsible party died. Work Comp is paying as accident happened while on the job. One co-worker dead. 4 others injured as well as myself. Filed claim with other party insurance. i suffered broken femur, head laceration, and mouth trauma. Not sure who to sue if I decide to sue. No problem with work comp at this time. No claim settlement yet. Should i wait to see what the settlement is or do I obtain a lawyer now. Accident happened about 1 month ago.

Save

Attorney answers (4)

Reputation Level 14
You need to hire a qualified personal injury lawyer immediately. Whether or not the responsible party is deceased, his estate may liable and unless you assert a timely claim, you will be waiving your right to sue for damages. Every moment that you delay is more time for evidence to be lost and assets to be removed from the responsible person's estate. Worker's comp will end and how do you know if you are getting a fair amount. It may also preclude any recovery later. There are a lot of issues that you cannot factor in without knowing the law. I would strongly suggest you contact a personal injury lawyer in your area to make sure your rights are protected.
2 people marked this answer as good

Reputation Level 20
You need a personal injury attorney to represent your interests. Your post lacks details including the elements of injury and medical claims which would indicate potential damages to which he may be entitled. You should seek TX counsel as soon as possible.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-cho...

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

You might find my Legal Guide helpful Successful Start for a Personal Injury Lawsuit

http://www.avvo.com/legal-guides/ugc/successful...

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Avvo Pro

Reputation Level 12
I'm afraid that if there is any money legally available to you, the chances of it being spent before you ask for your due portion go up every second. I'd hire an attorney right now.

Marc

Avvo Pro

Reputation Level 6
I agree, you should absolutely speak with an attorney. If you are looking for recommendations, I suggest you call Eberstein and Witherite at 888-407-6669 in Dallas.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now