If my daughter was in an accident, how wouldshe get treatment for her injures beyond the ER care?

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If my daughter was in an accident, how wouldshe get treatment for her injures beyond the ER care?

My daughter was in a accident in which she was a passenger. She has a slipped disk and whiplash. She also had a miscarriage immediately after the accident of a pregnancy she wasn’t aware of. The driver of the car she was in died as a result of the accident. She doesn’t have any information about the other driver. The other driver was at fault, and I believe was drunk. She has no insurance herself or money. Should she speak with a personal injury attorney? In San Antonio, TX. 

Asked on July 11, 2011 under Personal Injury, Texas

Answers:

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

Answered 10 years ago | Contributor

It would be advisable to speak with a personal injury attorney.  If there was a police report of the accident, the other driver's name, registered owner of the vehicle if different and insurance information would be included in the police report.  A personal injury claim could be filed against that driver's insurance carrier.

If the other driver did not have insurance, but the driver of the vehicle in which your daughter was a passenger had uninsured motorist coverage, an uninsured motorist claim could be filed with the deceased driver's insurance carrier.

As for additional medical treatment, there are doctors who will take a case on a lien basis.  This means the doctor is paid out of the settlement of the case.  It is imperative that insurance be established on the part of the driver(s) as mentioned above prior to incurring medical bills.

If insurance is established, your daughter can get medical treatment and as mentioned the doctor will be paid out of the settlement of the case.  Assuming that insurance has been confirmed and your daughter receives medical treatment, when she completes her treatment and is either released by the doctor or is declared by the doctor to be permanent and stationary which means no further treatment is anticipated, your daughter should then obtain her medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of the injuries and will be used to determine the amount of compensation your daughter receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If your daughter is dissatisfied with settlement offers from the insurance company, she can file a lawsuit for negligence against the driver who caused the accident.  If the drunk driver was never identified, and this is an uninsured motorist claim, your daughter's lawsuit for negligence would be against the estate of the deceased driver of the vehicle in which she was a passenger.

Your daughter will need to file her lawsuit for negligence prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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