What is the best way to handle a personal injury case? 38 Answers as of July 07, 2013

The person who hit my husband has no insurance of any kind but we would still like to file a lawsuit on them. Could you please tell me the best way to handle a case like this?

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
You may file suit against the at-fault party. You may first wish to discuss this with your insurance company to determine if you have coverages available to you and which they will bear the expense of proceeding against the tortfeasor.
Answer Applies to: Louisiana
Replied: 1/4/2013
Law Offices of Sandeep G. Agarwal
Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
You can sue the other person, who may not be able to pay. Or, you can file an uninsured motorist claim with your own insurance company.
Answer Applies to: California
Replied: 1/4/2013
Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
The insurance on your car provides coverage. How much is stated on the annual declaration page, under "uninsured motorist coverage." You should bring the declaration page to me so that we can discuss filing a claim.
Answer Applies to: New Jersey
Replied: 1/4/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
You should pursue this with your own uninsured motorists coverage.
Answer Applies to: Connecticut
Replied: 1/4/2013
Law Office of Vincent D. Sowerby, P.C. | Vincent D. Sowerby
The question you ask is similar to asking a surgeon what the best way to perform an operation may be. Different surgeons will have different preferences and style just as different lawyers have different preferences and style. I know how I would handle a personal injury case but if another person were to handle it differently, that does not necessarily mean the other person is negligent. A realistic answer to your question depends upon all sorts of different factors and I would not begin to guess at any of them.
Answer Applies to: Georgia
Replied: 7/7/2013
    The Law Office of Jared Eisenstat | Jared Eisenstat
    If you have your own insurance, you should have uninsured motorist protection and would proceed under your insurance. You should contact an attorney to discuss this.
    Answer Applies to: California
    Replied: 1/4/2013
    Douglas J. Smith, Attorney
    Douglas J. Smith, Attorney | Douglas Smith
    Do you have UM insurance on your own vehicle? If so, you might consider filing a claim that way.
    Answer Applies to: Oklahoma
    Replied: 1/4/2013
    Shean Law
    Shean Law | John Shean
    I assume you have Uninsured motorist (UM) on your own auto policy. The best thing is to file a UM claim with your auto insurance company.
    Answer Applies to: Indiana
    Replied: 1/4/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The best way is to retain an attorney. I would have to write a book to tell you how to handle it from beginning to end. One tip, however, is you should have uninsured motorists coverage that will pay damages as if it were the other party's own liability coverage. You should contact your insurance carrier and advise them that you want to file a claim on your uninsured motorist coverage.
    Answer Applies to: South Carolina
    Replied: 1/4/2013
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    What kind of insurance did you have on your vehicle?
    Answer Applies to: Montana
    Replied: 7/7/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Speak to a lawyer personally. If you had auto insurance you should seriously consider making an uninsured motorist coverage claim on your policy . You paid for that coverage to protect you from this situation .
    Answer Applies to: Illinois
    Replied: 1/4/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    The answer to that question depends on whether or not your husband has insurance and whether that auto policy has uninsured motorist coverage.
    Answer Applies to: Iowa
    Replied: 7/7/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Why on earth would you want to go to the trouble and expense of suing someone if they cannot pay a judgment? No lawyer would take such a case on a contingency basis, and do you really want to pay a lawyer's large hourly rates for a case like this? Check with your own insurer. Review your own policy. It may very well contain coverage if you are injured by an Uninsured or Underinsured Motorist. That seems like the best and most economical way to recover what you can.
    Answer Applies to: Wisconsin
    Replied: 1/4/2013
    John Russo | John Russo
    Hire an attorney.
    Answer Applies to: Rhode Island
    Replied: 1/2/2013
    Gates' Law, PLLC | Thomas E. Gates
    Get an attorney.
    Answer Applies to: Washington
    Replied: 1/2/2013
    Victor Varga | Victor Varga
    Sue them.
    Answer Applies to: Maryland
    Replied: 1/2/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Hire an attorney with experience in the area. You may have to pay an hourly rate however, since with no insurance the likelihood of recovery is slim.
    Answer Applies to: Idaho
    Replied: 1/2/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Existence or non existence of insurance doesn't change the allegations of the complaint. You still name the other driver as the negligent party and make sure to have DOE allegations, at least 10 for potential vehicle owners, employers, those who entrusted the vehicle to the driver at the time of the accident.
    Answer Applies to: California
    Replied: 1/2/2013
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    In all personal injury matters, you really need an attorney to assist you in the matter. Look for an attorney who will work with you, perhaps on a sliding, rather then flat fee scale. With an attorney to assist you, you will get a lot farther along than if you attempt to do thus yourselves.
    Answer Applies to: Utah
    Replied: 1/2/2013
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    If you have uninsured motorist coverage on your policy, you can make a claim with your company. Otherwise, you can file a small claim action for up to $5,000 without a lawyer.
    Answer Applies to: Florida
    Replied: 1/2/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    See an attorney about uninsured motorist claim.
    Answer Applies to: California
    Replied: 1/2/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If you have uninsured motorist coverage on your own policy, that?s the best way to ensure you will get paid. If your husband?s losses are greater than your own coverage, you can sue the other person, but what are the chances of collecting from a person that does not have insurance? Probably not great. I suggest you contact a personal injury attorney in your area for a free consultation to ascertain whether an attorney will take your case who could then handle all of this for you.
    Answer Applies to: California
    Replied: 1/2/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    The best way is to forget about suing the guy, and make a claim with your own auto insurer for no-fault Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverage that, hopefully, you had in effect at the time of the MVA. The PIP will pay medical bills, earnings loss, and home care. The UM pays you the pain and suffering and disability from being injured. You?ve already paid a premium to your company for these coverages, so don?t hesitate to use them. Your insurer will subrogate / will go against the uninsured driver to try to get the money back from him / her that it pays out to you.
    Answer Applies to: Washington
    Replied: 1/2/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In New York, you have to fill out an application for an Index Number and pay the $210 fee to the County Clerk. Then you have to file a Summons and Complaint, have it served, and have the Affidavit of Service filed within 20 days of the date of service. Then there are multiple possiblilities depending on whether he serves a responsive pleading, and you may need a Request for Judicial Intervention to get a Stipulated Scheduling order. Generally, the parties exchange discovery demands, Bills of Particulars, production of documents including medical records, depositions, independent medical examination and exchange of expert witness disclosure. Finally, there is the Trial Note of Issue which triggers a pre-trial conference and then the case is placed on the General Trial Calendar. Good luck.
    Answer Applies to: New York
    Replied: 1/2/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If they have no insurance they probably have no assets and you will likely never collect a dime. No lawyer will likely take the case for that reason. You can go to the courthouse and look at other complaints filed in such cases and borrow some language and file it yourself.
    Answer Applies to: North Carolina
    Replied: 1/2/2013
    Law Offices of Linh T. Nguyen
    Law Offices of Linh T. Nguyen | Linh T. Nguyen
    I'm sorry to hear about the accident. There are a lot of factors to consider. Some include the uninsured/underinsured provisions of your own insurance policy, the severity of the injuries and/or damages, the ability of the other person to pay, etc. My best recommendation is to consult with a personal injury that gives free consultations.
    Answer Applies to: California
    Replied: 1/2/2013
    The Law Firm of Stephen M. Reck, LLC
    The Law Firm of Stephen M. Reck, LLC | Scott D. Camassar
    There is no point suing a person with no insurance or assetsyou'll never collect anything. Your husband should make a claim against his own policy's Uninsured Motorist coverage. This is exactly why you carry this coverage, to protect you if you're injured by someone with no insurance.
    Answer Applies to: Connecticut
    Replied: 1/2/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Hire an attorney.
    Answer Applies to: Illinois
    Replied: 1/2/2013
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    If the individual that hit your husband does not have insurance, you will have to file a lawsuit against him and obtain a judgment before you can recover any money. If the person that hit you is unemployed or does not have the financial ability to pay a judgment you will have a difficult time collecting. It is also possible that he might file for bankruptcy and discharge any judgment that you might obtain. If he did not have insurance make sure that you notify the Bureau of Motor Vehicles because his license will be suspended until he shows proof of insurance. Finally if you had insurance on the vehicle and your husband was injured you may be able to pursue an uninsured motorist claim through your own insurance company and they would then go after the individual to get reimbursed. Hope this give you some idea of what you have to do.
    Answer Applies to: Ohio
    Replied: 1/2/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    The best way is to get a lawyer. The second best way is to make a claim against your own auto insurance for Uninsured Motorist Benefits. Now, in Michigan, you must go to your own auto insurance for No Fault Benefits. These include lost wages, household replacement services, and medical mileage incurred within 3 years of the accident. You also can get all accident-related medical bills paid for life. You would sue the other driver for "pain and suffering," but if he has no insurance, there is a great chance you will get nothing. That is why you should have uninsured motorist benefits.
    Answer Applies to: Michigan
    Replied: 1/2/2013
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    You can try to handle this type of case yourself. However, unless you know the law and the rules of court you will be at a serious disadvantage compared to the insurance company - who does know the law and court procedure. You should find an attorney to assist you with this type of case.
    Answer Applies to: Utah
    Replied: 1/2/2013
    Multnomah Legal LLC
    Multnomah Legal LLC | Jeffrey K. Traylor
    The answer to your question would depend on the amount in controversy. If the other party didn't have car insurance it is unlikely that a lawyer would take the case on a contingency fee basis, so you would likely have to pay someone by the hour to do the case or file it in small claims court if the amount requested is within the limit.
    Answer Applies to: Oregon
    Replied: 1/2/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Be aware of the existence of uninsured motorist coverage. You ned to check you policies and call a lawyer.
    Answer Applies to: Michigan
    Replied: 1/2/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Recommend that you hire an attorney that has experience with Personal Injury cases.
    Answer Applies to: Georgia
    Replied: 1/2/2013
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    Pursue recovery through your Uninsured Motorist coverage and your insurance company will pursue reimbursment from the responsible party. You need a lawyer to get best results on your UM claim. . . just because it is your insurance company is no reason to expect fair treatment. . .in the end they will treat you like the enemy, no matter how nice the adjuster talks to you.
    Answer Applies to: California
    Replied: 1/2/2013
    Atterbury, Kammer & Haag | Eric J. Haag
    You have two potential options. First, you could sue the person individually if he or she is collectible. Second, and this is the preferred option, if your husband has Uninsured Motorist ("UM") coverage, then you are able to make a claim against your own insurance company for the damages suffered, up to the policy limits.
    Answer Applies to: Wisconsin
    Replied: 1/2/2013
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