I am sorry to hear about what happened to your daughter.
First, you need to preserve what happened. Did the lady make any statements that she was at fault? Is there a police report? Are there any witnesses? You need to try to "freeze" that moment in time so that she later doesn't disclaim her fault.
Her insurer may contact you. Do NOT give them any statements -- they are trying to reduce their liability, not help your daughter.
Retain an attorney and refuse to give any statements at this time. This attorney will help you to preserve evidence and build your case. He/she will probably send a demand letter based on the medicals and other factors (like your daughter's pain and suffering). If her insurer refuses to settle, a suit may have to be filed.
This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.
I concur with my colleagues - immediately consult a local personal injury attorney who responded to your question or another listed on AVVO - most will offer free consultations Protect yourself, retain an attorney ASAP. Good luck
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
I hope that your daughter is doing better. If the clam is substantial you will need to have a settlement approved by the court. If that is the case, hire counsel. If the bills are not high and the injury is insignificant, gather the bills,medical records and pictures of the scene and of the lady's car and submit them to an insurer. If you are not sure what to do, hire counsel. In the meantime, do not give any recorded or written statements to the other insurer.
Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
Talk to a lawyer, free of charge, who focuses on personal injury law in your area. Many of us would be happy to help you.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
In Illinois if you have been in an car crash and you don't have health insurance or some sort of government health plan such as Medicaid or Medicare then the only way you are going to be able to medical bills is by the money that you recover from the insurance company from the driver who is at fault. Usually, each insurance policy provides some measure of coverage for the injured parties' medical bills. This is often no more than $1,000.00 to as high as $25,000.00. Most policies provide only around $5,000.00.
It is critically important that you consult with a lawyer about your daughter's circumstances since a lawyer who is good at handling automobile negligence and other injury claims can assist you in finding physicians and other medical care providers that will provided you some measure of treatment and wait until you settle your case or resolve it by Jury verdict to get paid from the proceeds of your lawsuit and/or claim. An experienced lawyer can also assist you in getting the right treatment and making sure that your bills do get paid.
If you are concerned about the fees for the attorney, please do not worry. Most lawyers including lawyers of the Dailey Law Firm handle matters such as these on a contingent fee basis. In other words the lawyer doesn't get paid until you get paid.
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