How Should I go about suing for a first time car accident?

I was in a car accident at the end of October. I was sitting in the front passenger seat and as we were crossing a major intersection a van ran their red light and hit my door. The car was totaled. Another driver who saw the accident called 911. We were taken to the hospital and I suffered a right shoulder separation grade II where my ac ligament is torn and half of my cc ligament is also torn. I saw an Orthopaedic Dr. 3 times and he assured me I do not need surgery right now. My friend's insurance covered $2500 of medical bills and now I owe $1500 to the hospital that's not counting the ortho Dr.'s bill which hasn't come yet. I am summoned to go to court in Jan. '09 because the police is prosecuting the guy for running the red light, but I want to know how to proceed because I am a grad student. I do work study and I lost a lot of hours not working and classes as well since the accident and I haven't been able to use my right arm fully and won't be for a while. I am still in a lot of pain and I do take pain medication the Dr. gave me. So what do I need to do to sue this guy? The police didn't take a statement from me and I haven't been contacted by the guy's insurance so Iam at a loss on how to proceed. Thank you for your help. - Is this your question? Add additional information
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Answers (4)

Kevin W. Davidson

Kevin W. Davidson

Contributor Level 6
Yours is the type of situation to see an expereinced lawyer in your area - you need to ensure that your rights and legal remedy are protected. Some of your loss or "claim value" is somewhat atypical - i.e. does not fall within standard valuation formulas,and as such you may have a more difficult time negotiating a fair settlement with the insurer.

An expereinced injury attorney can provide you with the assistance and guidance you need to best proceed in this situation.
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George E Meng

George E Meng

Contributor Level 5
You should conatct a personal injury lawyer ASAP. Most such lawyers work on a percentage basis being paid only if they recover something for you.

I'm sure you will find that many lawyers would be happy to take your case.
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Derron Reynard Parks

Derron Reynard Parks

Contributor Level 4
It appears that you have a claim that an experienced personal injury attorney can handle with ease. You should contact one immediately. I assume that the outcome of the traffic case is already known if you showed up for the court date. This information will be helpeful to the attorney. You should not work out anything with any other insurance company until you speak with a lawyer.

DISCLAIMER: I am not your lawyer. No lawyer/attorney relationship is forming here. I do not know enough about your situation from the above facts to be able to counsel you effectively, other than to tell you to seek a lawyer immediately. Therefore, this answer should not be relied upon as legal advice.
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Afshin Pishevar

Afshin Pishevar

Contributor Level 3
You seem to have an injury that may be serious. Perhaps more serious that was initially expected. Go back to your Ortho and make sure he/she knows about your condition. The Traffic case may help you, especially if the at-fault drivel pleads guilty (an admission that your lawyer may use in the civil trial). You also must be careful of strict time-limits that apply in every case. I am not your lawyer so I cant give you any legal advice at this time. If you want to call me and come in for a free consultation, I would be happy to help you. There is some more general information available at the link below. GOOD LUCK!! -AP
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