Is this a case where one should lawyer up? (NRR)

JectWonJectWon (@_@) 1,654 Posts
edited April 2012 in Strut Central
Last Friday my Sister in law was involved in a car wreck. She was en route to taking my Niece and Nephew to their grandmother's house. She was at a stop light (in a Subaru Forrester) when she was rear ended by a man who was going 60+ mph. My Sis in law got a little cut, the kids were luckily ok...the nephew got out of it with a bloody nose and their dog is fine now but was thrown from the vehicle and ran into the woods (took us literally 19 hours of looking for the dog in shifts to finally find her...she was fucked up and terrified but she made it out without a broken bone...just bruises and some pretty bad cuts).

It was a fucking awful 24 hours....I happen to work in the IT dept at the hospital they were taken to and was able to be there when their ambulance arrived. The kids were ok but very shell shocked. My nephew pretty much just talked about the horrific scene. I took them back to my office/shop so they didn't have to see all the heavy shit that happens in an ER....got em' some pizza and soda, put on cartoons and consoled them while their mom got stitched up.

Turns out the 72 year old driver who hit them had a stroke and just stomped down on the gas involuntarily...accelerating through the impact...heavy shit.

We are very lucky that no one died. It was a very grim reminder of our mortality and one that I wish my niece and nephew didn't have to confront at the ages of 4 and 8....but such is life.

All that said, is this a case where my Sis should get a lawyer no matter what? So far it seems like the dude's insurance is going to play fair...but who knows. And what can she reasonably expect to have covered? The ambulance? The hospital and animal hospital bills? Also what about the fact that she is on the phone non stop with insurance companies all day since the wreck...does that get factored into any kind of reimbursement? Lastly, the kids are doing well...phenomenally well...but they are visibly shook up still...they are a little clingy. They have always been affectionate but now if you are with them they don't want to leave your side, they will kind of huddle up next to you...I bring it up because if some type of counseling for the kids becomes a possibility, is that something that an insurance company would pay for? They are normally very tough and independent kids and you can tell they are still very preoccupied with what happened. It's doubtful that counseling would be needed but I was curious if that is a reasonable expense given the fact they watched a 72 year old stranger bleed out through what was left of his face in front of them.

The more I type this shit out...the more it seems 'yeah they need a lawyer for this shit'...but I'm not sure. Any advice about if they should or shouldn't seek legal counsel would be great.

Thanks.

  Comments


  • CousinLarryCousinLarry 4,618 Posts
    I wouldn't sign a settlement agreement without having an attorney take a look first.

  • HorseleechHorseleech 3,830 Posts
    Of course they should at least talk to a lawyer, but some of it depends what they want to do.

    Suing for emotional damages might be an option if they want to go there. Being in an accident can affect people psychologically, especially children.

  • JectWonJectWon (@_@) 1,654 Posts
    Horseleech said:
    Of course they should at least talk to a lawyer, but some of it depends what they want to do.

    Suing for emotional damages might be an option if they want to go there. Being in an accident can affect people psychologically, especially children.

    Yeah, probably right. They wouldn't want any type of punitive damages pay or any "pay" just bills related to the incident covered.

    Thanks for the advice.

  • billbradleybillbradley You want BBQ sauce? Get the fuck out of my house. 2,905 Posts
    DO NOT SIGN A SETTLEMENT AGREEMENT.

    I thought I was getting enough money to cover my emergency room visit only to find out that there were other pending bills that didn't come until later. I ended up screwing myself and had to fork out hundreds for various doctors that came in the room and provided separate bills.

  • JectWonJectWon (@_@) 1,654 Posts
    billbradley said:
    DO NOT SIGN A SETTLEMENT AGREEMENT.

    I thought I was getting enough money to cover my emergency room visit only to find out that there were other pending bills that didn't come until later. I ended up screwing myself and had to fork out hundreds for various doctors that came in the room and provided separate bills.

    Thank you for the heads up.

  • Bon VivantBon Vivant The Eye of the Storm 2,018 Posts
    JectWon said:
    Horseleech said:
    Of course they should at least talk to a lawyer, but some of it depends what they want to do.

    Suing for emotional damages might be an option if they want to go there. Being in an accident can affect people psychologically, especially children.

    Yeah, probably right. They wouldn't want any type of punitive damages pay or any "pay" just bills related to the incident covered.

    Thanks for the advice.

    They probably couldn't get any punitive damages if what you say about the man having a stroke is accurate.

    Defo lawyer up.

  • Yes, lawyer up!!!! It's not a "dick move"either in this case. After just getting in a car wreck myself, you definitely should get one for the simple fact somebody else will be talking all day to the insurance companies. Get Akim!!!! (chucktown's favorite)

  • Fred_GarvinFred_Garvin The land of wind and ghosts 337 Posts
    No question... Insurance companies have at times been known to deny even claims that are covered under the policy in question. I've watched it happen, and it's ugly.

  • JectWonJectWon (@_@) 1,654 Posts
    countmacula said:
    Get Akim!!!! (chucktown's favorite)

    Hahaha....I see that dude everywhere!
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