What to do if my girlfriend’s mother was hit by a car while she was walking across a street and was severely injured?
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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 10 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 10 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.
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