If my wife got hit by a large falling tree branch on city property and she was injured, should we seek representation?

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If my wife got hit by a large falling tree branch on city property and she was injured, should we seek representation?

She is seeing a doctor and chiropractor for back and hand injuries.

Asked on April 13, 2012 under Personal Injury, Indiana

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. 

Your wife should file a claim with the city for her injuries.  It is important to comply with the administrative claims procedures and not miss any filing deadlines; otherwise, the claim will be denied and she might not be able to proceed with a lawsuit against the city.  Even if she complies with the administrative claims procedure, the city might deny the claim, but then she could proceed with a lawsuit against the city for negligence.

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 medical 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 city's insurance carrier should include these items.  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 compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the city's insurance carrier, NO lawsuit is filed.  If your wife is dissatisfied with settlement offers from the city's insurance carrier, she should reject the settlement offers and file a lawsuit against the city for negligence.  If the case is NOT settled, your wife's lawsuit against the city must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights in the matter forever.


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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