He swerved over two lanes and hit my mother head on, totalled her car. She was air cared with many injuries. She spent 4 day in the SICU and 15 days in acute rehab, and is now getting out patient care, such as a new tooth.
I am sorry your Mom has to go through this. The injuries are the worst part, but no one should have to pay for injuries caused by someone else.
If you're read the other answers, you have some idea of the types of money that might be available.
If your Mom came to me, I would start out with the most likely places to get money. I would look at her auto policy, as well as the auto policy of anyone who could be considered a member of her "household." I would be looking for uninsured motorist coverage. I would also look for Medical Payments Coverage, which I have seen carried with limits of $25,000.00 in some auto policies.
Some people have "umbrella" or "excess" coverage that also provides uninsured motorist coverage.
If your mother was working on the job at the time of the collision, she might be eligible for Workers' compensation. If the other driver was working at the time of the collision, his employer, or his employer's insurance, might be responsible for your mother's injuries. It might take a lawsuit to find this out.
If the other lawyer had a passenger and they were on a "joint venture" for a business enterprise, the passenger might be responsible too, although to be honest the last time I heard of a case in which the passenger was found liable was law school. This would almost definitely require a lawsuit.
Your mother should definitely talk to a lawyer - I don't know anyone who wouldn't give her a consultation. Unfortunately, this is a tough way to learn that you not only have to buy insurance against accidents, but against other drivers being too cheap to buy their own coverage.
He was walking across a street with no crosswalks. Thought they had plenty of time, but obviously didn't. He was air cared to the hospital and released the next night with a concussion. speed limit was 55, but have no idea how fast it was actually...
He will need a lawyer. He has a certain amount of time from the date the summons was served (the period is stated on the summons) to file an answer with the court, and he should hire a lawyer to do that for him.
The best and cheapest place to get a lawyer in this case would be his insurance company. I would start out by giving a copy of the court papers to your nephew's insurance companies - both the homeowners (because he was not driving a car) and the auto insurance company. If there is coverage, the insurance company will hire a lawyer to defend him against the lawsuit.
If your nephew has no insurance, or if his insurance doesn't apply, then he has to get his own lawyer.
If your nephew wants to make a personal injury claim, he should probably do so now. He may not be able to file a suit against the driver if he doesn't file it with the answer.See question
My brother in law age 33 lives in my basement and was in an accident that he claimed fault on. He is insured, but can we be sued by the other party for any reason?
There is no very easy answer to this question, other than to say that if he had enough insurance, the insurance company should pay off the injured person, and that will probably take care of the problem.
But there are a lot of variables.
Whose car was it? If it was your car, did your insurance policy exclude liability for you or him while he was driving your car?
Was he doing something for you? Either as an employee or a business partner? If so, you both could be on the hook. And business activity, or activity done for a profit, is frequently excluded from coverage by the policy.
Your first step is to confirm that he has coverage, and notify his insurance company. If he was driving your car, then notify your insurance company as well.
Then, all you can do is wait.See question
Is there a legal or typical time frame for a Federal Judge to make a ruling on summary judgment. The longer he takes whom side can take that as a good sign? I know the saying the longer a jury is out it's bad for prosecution so I was wondering if ...
1) It may be technically possible for an attorney to be able to consent to a binding settlement on behalf of his client - the answer tends to depend a lot on exactly what was said by who. (a) If the client is vocal, and credibly protests that he never authorized this settlement, most judges would be reluctant to enforce it.
(b) It the attorney actually did consent to a settlement on behalf of his client without having the authority to do so, and the settlement was held to be binding, I would think the client would have a malpractice claim against the attorney. That is not to say that the client would win - again, it depends on the facts. The client could probably also file a grievance against the attorney with the local disciplinary authority.
2) As a practical matter, I don't know of any limit on the time a federal judge is allowed to take in ruling on a motion for summary judgment. The most obvious question is "Who wants to be the attorney who busts his chops for it?" I once settled a case where a motion had been pending for seven months in federal court, without any indication of which way the judge was leaning.See question
Is it normal for a lawyer not to allow or even notify clients of other sides depositions. I didn't even know who was deposed. I was not even given the choice to attend. Is it normal not to be prepared for deposition. My lawyer said that's the way ...
There is no standard practice on the other side's deposition. I like to notify my client in advance, and give them a chance to attend, both because they may think of something I don't, and also to let them see what the defendant looks like. And, in fact, sometimes I don't invite my client if I think they'll get upset, or won't be helpful.
Your deposition is very important. It is your only chance to let the other side see how effectively you testify. It is your opportunity to make a good impression, so church clothes are a good idea.
I don't know how your lawyer's office "works", but I never let my client testify without sitting in a room with them and going through what I think they are going to be asked, and why. Depending on how extensive their damages are, this can take anywhere from a single half hour session to two or three sessions of an hour each. And you deserve the chance to meet with your lawyer and ask him any questions you may have about anything in your case.See question
or add to anwers and/or defenses? will it make a difference in the event something would come about and the motion to amend would be denied by the court
It can't hurt, but it probably won't matter.
If you want to change your pleadings in the future, because you learn something new that gives you an additional defense, most judges will let you do so, regardless of whether you reserve the right to amend.
But no judge's decision is guaranteed until it is made. So if you are aware of a defense, you should say so.
And you should probably get a lawyer to do this for you.See question
Driving through an intersection, a car came from the right (although their light was red), and I smashed into it. I thought I had the green light, but I asked the other car what they thought happened. They said they didn't know. So when the police...
The safest approach is to hire a lawyer.Some lay people are great at conducting themselves in trial, and some aren't. Even most lawyers are not as good at representing themselves as they are at representing their clients.See question
My car was broken into. Juveniles that did it were caught and convicted and ordered to pay me restitution only Victim Assistance does not want to work me to collect the damages. They say that the Juveniles need can not pay. - Since the perps are ...
If you have insurance, and Victim Assistance is being uncooperative, you are probably better off turning in the claim to your insurance. Eat the deductible, although the insurancecompany may wind up suing to recover what it pays you; and if the insurance company wins, it may reimburse you.
You can write to the judge and to the prosecutor asking that any sentence include an order of restitution. You may want to see how this works before turning in your insurance claim.
You can sue the parents for your damages up to $10,000.00 under R.C. 3109.09.. Their insurance may cover it. But insurance is the best route, if you have it.See question