I was in Wyoming coming back down to Florida. There was a blizzard Andy boyfriend was driving under the speed limit. He hit an accident that was in the middle of the road. He tried to safely switch lanes but there was so much ice he slid into the back and then eventually under the semi. He has no injuries. The car hit on my side. My neck and discs in my back were injured. I had a concussion. My left leg was injured as well. I have a bone chip in my left foot and my Achilles' tendon is split open. The doctors say surgery could help but it's not 100 percent. I am unable to work or go about my daily life.
The substantive law of Wyoming will likely apply. However, it sounds like the primary fault here is going to be on your boyfriend. Drivers have a duty to drive at a speed and in a manner so as to be able to stop before hitting any obstructions in the roadway. If your boyfriend resides in Florida, any claim can be brought against him in Florida. Claims against any other parties would have to be brought in Wyoming (where the accident happened) or in the state where such parties reside (if other than Wyoming). If you do not want to sue your boyfriend personally, hopefully he had automobile insurance that will apply. Be aware of any applicable time limits and act promptly to protect your rights. Start by scheduling a free consultation with a Florida attorney who can then either represent you or point you in the right direction.
It certainly sounds like you have a valid claim against the driver who caused the initial crash in the middle of the roadway. You should contact a lawyer immediately in the state in which this crash occurred. Because of the multiple claimants, you need to make sure the other claims do not exhaust the insurance coverage of the at-fault party.
You claim appears to be against your boyfriend. Yes, you can also potentially file a claim against the folks who caused the original accident, but this is a more difficult claim. I am a Florida lawyer and recently resolved a wrongful death auto rollover case in Wyoming for the policy limits. Feel free to call my office and I can discuss in greater detail your possible claims. Are all of the insurance companies on notice? Who is paying your medical bills? Do you and your boyfriend both reside in Florida? Do you both own cars insured here? David Zappitell 561-330-6330
I suggest you contact an attorney in the state and near the location where this incident occurred.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.
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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.
.I handle automobile accident cases in Philadelphia and the surrounding counties. As always, I suggest you contact a local attorney experienced in automobile accident cases. I can give you some general advice. From your description, it sounds like the accident is your boyfriend's fault. Therefore, any claim that would be made would be against your boyfriend.
I don't know what you mean by the local attorneys telling you they are "not equipped." That might mean they don't handle automobile accident cases. That might mean they don't have a license to practice law in the state where the accident happened.
Assuming your boyfriend had auto insurance, AND that he lives in Florida, a local attorney could bring a claim against or possibly sue your boyfriend in Florida.
I would suggest that you contact an attorney in the Orlando area that is experienced in automobile accident cases. You can usually talk to somebody free of charge
Initially, hire a local lawyer. Although the law of the state where the crash happened will apply, you can sue your boyfriend in Florida if he was negligent, and it sounds like he was. You might need to file suit where the crash happened if you sue the person at fault in that crash. But your Florida lawyer can take care of setting that up and probably co-counsel the case with a lawyer of that jurisdiction.
You need to contact a personal injury or car accident attorney in Wyoming to help you with your potential case. The laws are different in every state and an attorney has to be licensed in the state where the accident took place. Take a look here on AVVO for attorneys in Wyoming and make sure you get medical treatment for your injuries. Do not delay as there are statutes of limitation that apply and limit how long you have to file a lawsuit. Good luck and I hope you get better soon.
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