Motorcycle accident

My son was hit on his motorcycle and has been in the hospital ever since. His helmet split in half which contributed to many of his injuries. I want to sue the driver and helmet company and am wondering how I go about this. - Is this your question? Add additional information
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Answers (4)

Talis Merle Abolins

Talis Merle Abolins

Contributor Level 2
As a preliminary matter, I strongly recommend that you immediately contact an attorney who is able to help you with this case. Cases such as yours are typically taken on a contingency basis, where attorney's fees are based on a percentage of recovery from the defendants. The attorney will start the lawsuit by filing a Summons and Complaint with the court setting forth claims for personal injury. At that point the defendants must respond with an Answer, which will usually deny that the injured party is entitled to any relief. At that point the parties proceed with "discovery", under which formal requests for information are made, and each side carefully evaluates the strengths and weaknesses of the claims and defenses, and the severity of the injuries. If there is not a settlement, then the case will be decided at trial (or perhaps arbitration). Your son's case presents some unique aspects and complexities. A products liability claim against the helmet manufacturer will probably require the use of an expert witness who is able to confirm the defective nature of the helmet. Your son's attorney may also need to work with medical experts who are able to describe the nature and severity of his injuries.
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Adam Michael Gee

Adam Michael Gee

Contributor Level 3
You should immediately retain an attorney with experience in both auto accident and product liability cases. In situations such as these, it is not required that you also sue the helmet manufacturer, as the driver of the car that struck your son is responsible for all of his injuries. Under the circumstances of this case, however, it sounds as if a case against the helmet manufacturer should be considered to make sure there is sufficient insurance coverage to fully reimburse him for his substantial damages.
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Michael David Myers

Michael David Myers

Contributor Level 4
It makes sense to sue both the at-fault driver and the helmet manufacturer in the same action. It's important to speak with an attorney who not only has experience with product liability claims but also has experience suing foreign defendants (many helmet manufacturers are located in Japan and Korea). I hope your son's condition has improved since you posted.
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Dewey N. Hayes Jr.

Dewey N. Hayes Jr.

Contributor Level 3
first seek an experienced trial lawyer in your area. recommend Jerry pearson in seattle-tacoma area ,member of American assocition for Justice ,near you. the other writer had a good point about the other driver & his insurance . recommend that you take the helmet or any peices remaining ,any info on helmet &its manufacturer , to the appt. with lawyer . most of these helmetmakers have an american office that should prevent need of international litigation & discovery responses in japanese ,chinese or italian languages , as given 20 years ago.
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