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How do i sue the driver that hit my daughter on her bike?

Albany, GA |

my daughter was hit by a car on her bike the officer didnt speak me or her , the officer based report off of the driver that hit her and now i cant get any one to take my case, ive miss days from work and she has missed days from school and do not like to go out because her face and eye is messed up

Attorney Answers 3


Unfortunately, you have given very little facts as to how the injuries occurred to your daughter. If your situation is a "dart out" case, where your daughter emerged between 2 parked cars and went quickly into to the road, those are difficult cases to win.

I can only suggest that you continue to speak with personal injury attorneys in your area who offer a free consultation. Hopefully you will soon find someone willing to take on the challenge of perhaps a difficult liability case. I would not suggest that you attempt to take on this litigation by yourself.

You may find it helpful to review some of the Legal Guides I have published on, many of which deal with the types of issues you are now facing. I wish you luck in finding an attorney.

Legal Disclaimer:

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 insure proper advice is received.

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You didn't state how long ago this occurred. IYou can always go down to the police station to request that a supplement report be filed based on your daughter's statement

You didn't state why the attorney will not take your case. There are are variety of reasons for an attorney to turn down a case, including the fact that the driver is not liable.

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You need an attorney. You may want to contact the local bar for a reference.

Meanwhile take photographs of the scene and your daughters injuries.

As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing:

1) what her injury is;
2) exactly how the injury it occurred;
3) the amount of her medical bills;
4) the future treatment and prognosis of your injury;
5) your lost income or wages;
6) cost of services you couldn't perform (i.e. yard work, house cleaning...)
7) any other damages (Spousal services, mileage expenses, property damages, etc.)

Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
Medical Malpractice claims can be longer or shorter.
You should act now!

Do not give the "other side", their insurance company nor their lawyer a recorded statement or a medical authorization.

Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation.
Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct.

Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long.

Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods.

Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad.

Statutes vary by state and like most rules, almost all have exceptions.

~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action.

~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney. Here is some more detailed information:

~Act now!

Good Luck

Make it a great day!
Howard Spiva

The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families.

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