Can I sue the person who hit me and my baby?

UPDATED: Oct 1, 2022

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Can I sue the person who hit me and my baby?

Almost 2 months ago, my baby and I were walking across the street and hit by a car. I called the a law firm and now they are saying that my case is closed because the driver didn’t have insurance, although the case was still showing active. I have been going to the chiropractor for the last 2 months trying to get my knee

back right. I want to get what I think I deserve. Can this go to small claims court?

Asked on January 21, 2019 under Personal Injury, Alabama


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

Answered 4 years ago | Contributor

You and your baby have separate personal injury claims. When you are released by the doctor upon completion of your medical treatment or being declared permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Obtain your baby's medical bills and medical reports when your baby is released by the doctor.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for your wage loss is straight reimbursement.
The amount of damages (monetary compensation you are seeking in the lawsuit for negligence against the driver) will determine whether to file your lawsuit in small claims court or a higher court. 

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 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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