Visitor Question

My girlfriend hit a tree and suffered brain damage…

Submitted By: Phillip (Lexington, NC USA)

My girlfriend, who had collision insurance, hit a tree (wasn’t speeding, nobody knows how it happened) and suffered an injury to her brain. She was hospitalized for 28 days and is still wearing a neckbrace on day 47.

My question is, can she sue? She’s been through a severe amount of trauma, and again, she had full collision insurance. Would it be worth it to attempt to sue?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Phillip,

The obvious questions is, “Who would she sue?” From the facts you present there doesn’t exist a party to whom negligence may be assigned.

Unfortunately, your girlfriend is the only one who can tell you how the accident occurred. There are though, some considerations. If your girlfriend is able to prove one or more of the following possibilities, she may have a legitimate negligence claim.

Here are those possibilities:

1) If you can prove the collision with the tree occurred because of a malfunction in the car she was driving, you may have a strong personal injury or product liability claim against the manufacturer.

2) If the car was recently serviced you might have a claim against the mechanic or service company.

3) If you are able to prove your girlfriend crashed because of a pothole, or other road defect, your girlfriend may have a legitimate Tort Claim against the government.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 16, 2013

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