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Need advise what to do next

My son was in a car accident. No seemed very hurt at the time. Other driver was found 100% at fault and received ticket. Shortly after the accident son (a minor) had lower back pain. Was diagnosed with a ruptured disc, pinched nerve, etc. One year of pain later, he had back surgery & doing well now. Man that caused the accident filed law suite against our son soon after accident. Were assigned an attorney by our insurance company. Depositions have been given by our son and the other driver. Other driver has tampered with the vehicle (in salvage) to look like it was son’s fault and also got a j

Asked on June 24, 2009 under Personal Injury, Texas

Answers:

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

Answered 12 years ago | Contributor

Sorry, you didn't get to finish your question.  It sounds like the attorney is handling this for you and has it in control.  I hope he or she has counter sued on your son's behalf against the responsible driver for your son's damages.  In the mean time, take care of your son and make sure he gets the treatment he needs.  You may need your own lawyer to associate in on the countersuit against the at-fault driver.  Talk to your ins. company atty. about the necessity of doing that.  Has a deposition been taken of the other driver?  Someone should be able to catch him with regard to his tampering if he actually did that--perhaps someone who witnessed it at the salvage yard.  Need some investigation to be done here, and your attorney should do that.  Once all the discovery is done (depositions, interrogatories, investigation), the court will likely set dates for settlement conferences.  If it cannot settle out of court, (I'm a California attorney, so ask you TX attorney about procedural questions), you could possibly go to arbitration or mediation to settle the cases--theirs against your son, and yours against the at-fault driver.  Hope this helps.


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