QUESTION

What can I do and will I get anything for compensation?

Asked on Dec 07th, 2012 on Personal Injury - Nebraska
More details to this question:
I am suing a guy that rear ended my wife while drunk. He was arrested, car hauled off and my wife has been hurting sense the accident. We have regular appointments with a chiropractor. I took her to the ER right after the accident. He does not have insurance. PS. I do have an attorney.
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9 ANSWERS

Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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This is a question for your attorney.
Answered on Apr 24th, 2013 at 2:01 AM

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Ronald A. Steinberg
Well, first of all, you are not going to get anything. You were not injured. Your wife was injured. If he had no insurance, then hopefully you were smart enough to have Uninsured Motorist coverage. If so, then you have your wife make a claim against your UM coverage. If you have a lawyer, then presumably he/she would know to do this. If not, then you have the wrong lawyer.
Answered on Dec 30th, 2012 at 11:54 AM

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Jonathan S. Safran
You should obviously discuss with your attorney, however, I am wondering if you are really suing the other driver in court or not. If you have insurance on the car your wife was driving, you should have uninsured motorist coverage on the policy which will allow your wife to make a claim for her injuries, medical bills, pain and suffering, wage loss, etc. There is generally a six-year statute of limitations in making such a claim against your own insurance company. If you are actually suing the other driver, there is generally a three-year statute of limitations in Wisconsin for either settling your claim or starting a lawsuit against the other driver. If you had no insurance on your car and if the other driver has no insurance, you will have to recover money personally and directly from the other driver. If a criminal case was commenced against the other driver for the accident, you attorney should confer with the District Attorney's Office to see if you or your wife qualify for restitution for out of pocket costs from the other driver, as part of his sentencing if he is convicted. The information you obtain from this posting, and/or the act of sending an e-mail to this site and viewing this posting, are not intended to and will not create an attorney-client relationship. The information you obtain from this posting is not, nor is it intended to be, specific legal advice.
Answered on Dec 10th, 2012 at 2:04 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Most drunk drivers who drive without insurance aren't worth anything. So you may get a judgment against him but you may collect nothing. You are entitlred but you may not be able to spend it do what your lawyer tells you to do.
Answered on Dec 10th, 2012 at 1:24 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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What can you do? Follow your attorney's advice. Will you get compensation? Maybe. You will have to wait until your wife has finished treatment and your attorney either negotiates a settlement or the case goes to trial. You probably have uninsured motorist coverage to cover this.
Answered on Dec 10th, 2012 at 12:11 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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If you had UM insurance your wife, and possibly you, should be able to obtain compensation from that. Otherwise the claim is against the person who hit you personally and you would have to know what assets that person had in order to determine if you would collect anything once a judgment is entered (or settlement reached).
Answered on Dec 10th, 2012 at 12:10 PM

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Daniel P. Mitchell
If you have uninsured motorist coverage on your own policy, then you would have a claim against your own company under that coverage. If you do not have it in the State of Florida, shame on you, and you should add it so that this does not happen again in the future. As always, you should rely on the advice of your retained counsel, as he or she knows your case the best.
Answered on Dec 10th, 2012 at 11:17 AM

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Dennis P. Mikko
If you have an attorney, your attorney would be in the best position to advise you regarding this matter. If the other driver does not have insurance, even if you get a judgment against him, how are you going to get paid. Regardless of the amount of any judgment, it appears that your hardest job will be collecting the judgment. If you have uninsured motorist coverage on your policy, a claim to your insurance company may be the best procedure.
Answered on Dec 10th, 2012 at 11:17 AM

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Gary R. Pearson
talk to your attorney. He will file your claim with your uninsured coverage.
Answered on Dec 10th, 2012 at 11:15 AM

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