My wife was hit head on by an impaired driver. Should she let insurance handle or seek legal advise.

Wife was struck head on back on 4/28.
She suffered injuries to her shins, left
knee, abrasions to her stomach and
neck. As of today she has not had any
follow up. I’m the future is my concern.
We are still in the early stages with our
insurance and the driver that hit her.
We aren’t sure what we should do at
this point.

Asked on May 10, 2016 under Criminal Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It would be advisable for your wife to be represented by a personal injury attorney because the at-fault perty's insurance carrier will try to pay as little as possible.
When your wife completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports, and documentation of wage loss.  Her personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If your wife is dissatisfied with settlement offers from the at-fault party's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled with the at-fault party's insurance carrier, your wife must file her lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


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