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Should we hire an attorney for my daughter's car/bicycle accident? It was the driver's fault..resulting in a fractured ankle?

Western Springs, IL |

My daughter was side swiped by a car in New York City while riding her bike. she fell off and injured her ankle...it was the driver's fault and he gave her all the info...insurance, etc . and was apologetic..she was taken to emergency..who pays these bills now..should we call the guys insurance? we haven't heard the insurance co yet? should the lawyer be in New York where my daughter is, or from here where I live. She is in college.

Attorney Answers 7

Posted

You should hire an attorney so as to insure that you properly present the claim. You will have only one opportunity to do so. I would be happy to discuss free of charge.

J. Younes
(312)802-1122

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Posted

Yes. The attorney most definitely should be someone who practices regularly (exclusively) in New York, is qualified to handle bicycle accidents, is experienced in personal injury litigation and has a track record.

Notice must be given to the insurance company for the car that hit your daughter. You also need to give notice to her insurance company if she owns a car; a resident relative, if any; and/or your insurance company if she maintains a residence. Bills are paid by the vehicle that struck her.

Do not let her speak with the insurance company. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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3 comments

Kevin Coluccio

Kevin Coluccio

Posted

Mr. Adams is correct, an attorney can assist your daughter with the claim and help make sure that she receives just compensation.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Thank you for commenting.

Kevin Coluccio

Kevin Coluccio

Posted

It is also critical that your daughter receive the best medical care possible. Ankle injuries can be serious.

Posted

This is really a NY matter. Contact your daughter's insurance carrier. They will contact the driver's insurance. Through your carrier, if needed, she will be furnished a NY lawyer. You have time to decide whether you actually need private counsel after seeing how this plays out.

I hope your daughter recovers quickly. She is a very lucky young lady.

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5 comments

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Please don't be overly offended, but your "advise" is really incomplete; at best. No injured party should let the insurance company look out for them. The interests of the individual and the carrier are regularly quite adverse. Let me leave it there.

Judy A. Goldstein

Judy A. Goldstein

Posted

I am not the least bit offended. I think we can agree to disagree. This forum is not for specific legal advice but merely suggestions and I agree with what you say. However, there is no rush to retain counsel here and if the injuries remain minimal, intelligent people can work and make decisions without the assistance of private counsel.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

While not "wrong", the problem with you giving advise is that it is limited and assumes too many variables. What is definite is that a professional will work for the client without serving any other master. Please bear this in mind. Seriously, I respect anyone who wants to help and am glad to have made your acquaintance.

Judy A. Goldstein

Judy A. Goldstein

Posted

The other question to ask is just where these folks will find a well-respected local personal injury attorney to take the case if it remains small, and I do hope for the sake of the asker's daughter that it remain small since that would mean the injuries are minor.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Under New York law, she is automatically entitled to money; assuming that the other vehicle is wholly or partially at fault. A qualified attorney, and there are many, will be most willing to help this woman receive full compensation.

Posted

Of course you should hire a lawyer. Be sure to hire a well-respected local personal injury attorney.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

You should retain a lawyer for your daughter, but since it occurred in New York, it may have to be a lawyer licensed in that state. While a non-NY attorney can potentially assist in an insurance claim, it is wiser to get someone who is fully up to speed on all state nuances and able to bring suit if necessary.

In the meantime, make sure your daughter gets treatment, documents all injuries, and does not give any statements to the insurance company.

The bills may be put through your daughter's health insurance or auto insurance.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

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.

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Posted

As an attorney we are not allowed to tell you to "hire an attorney" it is always your decision. However our laws are set up so that. If someone makes a mistake or commits a negligent act then they have to pay for that negligence. Most often drivers of automobiles have insurance for their negligent actions. If the other driver was negligent and was and it was his fault then certainly it would be appropriate for you to retain an attorney to represent you. It is never good to represent yourself or your family member without an attorney. Atty.'s have experience in their particular field of law and can adequately Represent you

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Posted

You should consult an attorney in the state where the accident occurred. An attorney licensed in New York will be most familiar with the state laws and be able to try the case if necessary.

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