Can I sue for medical, totalled car, and pain and suffering?
6 attorney answers
You should retain an attorney. You have a very good cause of action and you need a lawyer to see you through to a good settlement or judgment. It doesn't matter if your license was suspended. What matters is that the other party was at fault and your damages are real. Retain counsel and demand justice. Justice doesn't happen spontaneously, it takes a great deal of work. Get a good lawyer on your side.
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Yes, you can sue even if your license was suspended. Hire a personal injury lawyer asap.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Can you sue? In general, you can "sue" anyone and everyone you want in this country so long as you can afford the requisite filing fee. But the proper question you should ask is, “Should I sue?”
If you are asking whether you have a viable case that will sustain a Motion to Dismiss or a Motion for Summary Judgment, that is a question that no attorney in this forum will be able to answer with any degree of certainty, as in order to sustain your suit, you have to prove a valid cause of action and provide persuasive evidence as well regarding both liability and damages.
And most of the time, you wouldn’t simply jump headfirst into a lawsuit without first trying to negotiate with the alleged at-fault party’s insurance company. Our court systems are clogged up enough without people filing unnecessary lawsuits without first attempting to come to an agreement with the other party or his or her insurance company. You would put in a claim first with either your insurance company and/or the other party's insurance company before even thinking about suing anyone.
If you were injured, you should consult with an attorney in your area before taking any further action. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most even offer a free consultation and charge on a contingency fee basis so you don’t have to pay anything up front.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
Yes. Your damages relate to the nature and extent of your injuries, and the cause of the collision. Whether you were licensed is not relevant to these issues. On the other hand, why on earth were you driving on a suspended license?
Attorney answers to questions are for general, informational purposes only and do not establish an attorney-client relationship
Yes you can. Your license status is not relevant when determining what the damages are, given you were not at fault.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice
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