What to do if my girlfriend’s mother was hit by a car while she was walking across a street and was severely injured?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my girlfriend’s mother was hit by a car while she was walking across a street and was severely injured?

The car was going about 25 mph and she flew about 20 feet. She was in ICU and had to have a screw put in her hip and stitches on the back of her head. She does not remember what happened or where she was. The doctor is telling us that she would need to go to a nursing recovery home for phyical therapy. I am looking for a lawyer that would help us get her doctor bills paid and anything eles that might come up our way.

Asked on October 27, 2014 under Personal Injury, Washington

Answers:

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

Answered 6 years ago | Contributor

If the registered owner of the vehicle that hit your girlfriend's mother has insurance, a personal injury claim should be filed with that insurance carrier.  The police report should have the insurance information.  When your girlfriend's mother has either completed her medical treatment and been released by the doctor or has been declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills, medical reports, and documentation of wage loss.  These items should be included in her personal injury claim filed with the at-fault party's insurance carrier.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury 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 girlfriend's mother is dissatisfied with settlement offers from the insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the at-fault party (registered owner of the vehicle).  If the driver and registered owner of the vehicle are not the same person, both should be named as defendants in the lawsuit for negligence.

If the case is NOT settled with the at-fault party's insurance carrier, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or your girlfriend's mother will lose her rights forever in the matter.

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

Answered 6 years ago | Contributor

If the registered owner of the vehicle that hit your girlfriend's mother has insurance, a personal injury claim should be filed with that insurance carrier.  The police report should have the insurance information.  When your girlfriend's mother has either completed her medical treatment and been released by the doctor or has been declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills, medical reports, and documentation of wage loss.  These items should be included in her personal injury claim filed with the at-fault party's insurance carrier.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury 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 girlfriend's mother is dissatisfied with settlement offers from the insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the at-fault party (registered owner of the vehicle).  If the driver and registered owner of the vehicle are not the same person, both should be named as defendants in the lawsuit for negligence.

If the case is NOT settled with the at-fault party's insurance carrier, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or your girlfriend's mother 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption