Missouri Car Accident Legal Questions

There is a good chance that he has a case. Your friend needs to contact an attorney as soon as possible.  There are many important details that an attorney must consider. Based on the information you provided, there may be a claim against the driver of the car, against one or more doctors, and possibly against the manufacturer of the rods and plates. In your question, I did not see any information about when your friend was hit by the car or the dates of the three surgeries. The dates on which the car hit your friend and the dates on which the surgeries occurred may effect what claims your friend still has. In Missouri, the statute of limitations for most personal injuries is five years. You also mentioned failed surgeries and faulty rods and plates. If medical malpractice occurred, Missouri has a two year statute of limitations for those claims, although if certain facts are present, that time may extend more than two years after the surgery. It would be helpful if you would provide more information about the date of the initial accident as well as the dates of the surgeries. Your friend's injuries are serious and it would be in his best interest to contact an attorney as soon as possible to evaluate his potential case and to determine the best steps to take. Even if he has additional time before the statute of limitations runs, it is better to gather evidence early while memories are fresh. An attorney will need to take a close look at evidence relating to the initial injury and all of the relevant medical records. I strongly encourage your friend to reach out to a qualified attorney to evaluate whether he has a case. Time is of the essence with legal claims. I wish your friend the very best.... Read More

The short answer is that it is "normal" for insurance companies to offer insufficient settlements to unrepresented persons. Your description leads me to believe that you are being pushed into an inadequate settlement, as is unfotunately "normal" in today's world. Please remember that once you accept a settlement you will never receive any additional money from the at-fault person's insurance company. I will briefly elaborate on the apparent issues that arise from your situation. If State Farm is offering that much for a settlement in negotiations without an attorney, there is likely a significantly higher recovery available. Insurance companies are notorious for pushing settlements that seem reasonable or generous to an unrepresented party while, in my experience as well as that of most any attorney I know, assistance of counsel will lead to a significantly increased settlement. Certain insurance companies have a reputation for this type of conduct and for taking unreasonable positions in negotiations.  You should be "made whole" for all the injuries and damages you suffered. It sounds like the settlement offered would not even be half of the economic (financial) damages you suffered. Unless there are facts in play which I am unaware of, I would view the offer you describe as grossly inadequate in a scenario where a client of mine found himself/herself in your situation.  There are a few crucial questions to better inform my analysis. What is the extent of your injuries? It stands to reason that there are/were substantial injuries since over $5,000 for pain and suffering is on the table. Are you still receiving treatment? Remember that you will not receive any additional money if you accept a settlement. This is often an issue when an unwitting peron settles a claim before the full extent of the injuries is known.  Also, when you say that your medical bills are $15,000--does this refer to the amount billied (before insurance) or the amount you are being asked to pay (after insurance)? This is an important distinction and, depending on state law, may have a significant effect on the recovery you are entitled to. Keep in mind that one valuable aspect of legal representation is to not only handle negotiation with the automobile insurance companies, but also to deal with any medical insurance and billing issues that arise.  I recommend you discuss with your wife the status of her claim. That may be instructive of how you should proceed. I am happy to discuss this with you further, should you wish. If not, I wish you best of luck in dealing with this situation and a swift recovery for you and your wife.  Best, Joseph... Read More

If your insurance policy covers your medical payments, you can pursue a lawsuit if they fail to pay. Keep in mind, you only have two years from the time the injury occurred to pursue litigation. After that statute of limitations has passed, your lawsuit will most likely be thrown out. Some Connecticut drivers have medical coverage of $1,000 or more on their auto insurance, regardless of who is at fault. If your medical expenses are beyond that amount, your health insurance should cover it. If another driver was at fault, you may pursue a claim against them. If your insurance company is refusing to pay your medical bills, you should contact an attorney.   D’Amico, Griffin & Pettinicchi, LLC 465 Straits TurnpikeWatertown CT, 06795Phone: (860) 945-6600... Read More

I work and am licensed in Washington State so our negligence statute of limitation may be different, but here, you have tyhree years to file suit for negligence causing damage to your property.  You should seek a civil lawyer in your state to determine the statute of limitations in your state.   Jason... Read More

The attorney that handled your Personal Injury claim should also be advocating for your car, as it's all part of the same accident. You have not indicated the year or your car or it's actual value. If the car has a value of only $1,392.00, then that's all you will receive. Courts really don't take into account such things in most states, they deal with actual money damages. This is where your problem is, you are already 100% disabled, thus you don't work. Because you don't work and are already disabled it is very likely you will only get your medical bills paid for and the value of car returned. When you hear of people obtaining large settlements in Personal Injury or Automobile Accidents, it is because their ability to work has been taken away, not pain & suffering. I would contact your attorney who handled your Personal Injury aspect of the Automobile Accidentt and demand he finish the case, as your property should be part of his duties. If the attorney fails to perform, contact the organization in your state that governs attorneys and file a complaint. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More

In order to make a claim for hospital bills, you must be able to show that someone was responsible for this accident.  In this case, the only driver possibly responsible was the driver of your van.  In many cases, a seizure is a defense to negligence.  It is similar to having a heart attack, where you have no control over it.  Therefore, the law does not usually hold that person responsible because there was nothing he/she could do to prevent it from happening.  However, if this driver had a history of seizures, and was taking medicine for it, but on this day did not take his medicine, you may be able to show he then contributed to the accident.  Keep in mind, however,  then even if you can show this, you would need to sue this person personally, as he had no insurance.  It may be an uphill battle and you may not get anywhere - if this person has no money, a judgement against him means nothing. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com... Read More

Who has rights to compensation in a wrongful death claim depends upon the laws of the state where the death occurred.  What amount each claimant is entitled to is a very sticky legal question.  The amount will depend upon state law and the relationship to each heir. Normally a settlement in a traffic accident wrongful death claim isn't going to be concluded until all rightful heirs that have a legal claim have signed a settlement agreement. Your wife and sister-in-law would be best served by getting a consultation by a very experienced personal injury attorney that is totally independent from the attorney representing your stepfather-in-law.  The best personal injury law firms provide free, confidential, no pressure consultations. Have your wife search out attorneys in your state.  She can check here on Lawyers.com, go on line or she can call my staff for a referral to an experienced personal injury attorney in your state.  If she calls my office, have her ask for Mrs. Wagenblast (she maintains a list of attorneys that we know, trust and refer matters to).  We are in California.  It would not be appropriate for us to advice or represent your wife. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com.  800-956-0123... Read More