I was a passenger in an accident 4/21/14 Brakes failed off exit 75 the vehicle crashed and flipped one car accident. I suffered a broken ankle that required surgery I have screws and plates now. I had a fractured nose, laceration to the head with major swelling and stitches, laceration on my knee with stitches. The driver only had liability insurance. I don't have health insurance haven't received my bills yet but my question is will I be entitled to pain and suffering and lost wages? What if my bills exceed the 25, 000 in liability?
Even with the prospect of less than full compensation, you definitely need counsel. At a minimum, consult with local and qualified counsel to learn how they can help.
It sounds like you suffered some serious injuries -You should consult with a personal injury lawyer. A local personal injury attorney can review your case, advise you of your rights and go over your potential recovery. Most personal injury lawyers will provide you with a free consultation so you have nothing to lose by making a call today. "I wish you the best with your recovery.
Yes, you should speak with an experienced injury attorney. There are many areas an attorney should explore on your behalf, such as whether the driver had any other insurance that might provide coverage for yit, whether the brakes failed because they were a defective product, whether the brakes failed because a recent mechanical inspection was not properly performed, the roadway design, previous vehicle recalls for that vehicles braking system, whether you or your family have any auto coverage that would cover you as a passenger, etc.
I am so sorry to hear about this painful accident. You are 4 weeks overdue on hiring counsel. Hopefully you have not talked to the insurer! Don't. You certainly may be entitled to medical bills, lost wages and pain and suffering. If your claim significantly exceeds insurance lmits your lawyer will collect from the explorer and will explore other means to collect, including going after the driver's income and assets (the license of the driver can be suspended, for life, if he doesn't pay). In some cases other coverages, including personal umbrellas, your own insurance if you have a car, and so on may also be targeted. In some cases the car manufacturer or the company that last repaired the brakes also could be liable.
Please do not compromise the value of the claim by talking with the insurer - they will attempt to settle the claim for far less than its value, if they pay at all.
makes it easy for you to contact a lawyer here and get a claim set up.
Brakes don't just "fail". If the brakes failed because the driver neglected to fix the brakes, his neglect caused the accident. Either way, definitely call a lawyer and take an appointment.
There are two answers.
1. When I hear people tell me that the brakes failed, it usually mens the driver failed to apply them in time. Is that the case or did the police confirm that there was actually a mechanical defect? If there is a confirmed mechanical problem then the case becomes very complicated and involves notice, maintenance and last repair issues.
2. The more likely answer is that the driver erred in which case you will definitely need to find more than 25,000 in coverage. Broken ankle cases can be nasty in their repurcussions. Check to see if there were other family members living with the driver that may have liability coverage that also applies. Immediately notify your own insurance company and check on your underinsured motorist limits and whether it was added on or reduced by coverage.
Finally do you live with any family members that have other insurance policies that may afford you extra coverage? Definitely will want a lawyer but negotiate so that if the case is straightforward, there is no fee on the first 25k. The real work here is on finding other coverage and negotiating your medical bills.
