After 13 years being separated my wife has been trying to talk things out. She was driving around and I was in the front passenger seat when a deer jumped out in front of us. My wife turned to the left to keep from hitting the deer and went into the ditch, then she turned to the right and went in the other ditch. The van flipped 5 times before it stopped.
The accident totaled her van. My face got all messed up, my body is all bruised up, and my back and neck is still hurting me. I have not been able to go to work since the accident. Can I sue her auto insurance company for my medical bills and lost wages?
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.
So much for “trying to talk things out”! At this point you don’t have to sue anyone. Here’s how to begin…
First, compile copies of all your medical bills and medical documents, your out of pocket expenses and lost wages. Medical bills include every document from the admitting form when you were rushed to the emergency room, to your discharge orders.
You can easily request those from the hospital.
Out of pocket expenses include prescription medications, crutches, slings, over the counter medications, hospital parking fees, and even a prorated amount of the gasoline used to transport you to and from the hospital and doctors’s appointments.
Your lost wages confirmation should be in the form of a credible letter, preferably on your employer’s letterhead. The letter should confirm the exact amount of wages you lost while treating and recovering.
Once you have those documents in hand you will be in a position to contact your ex-wife’s insurance company to begin negotiating a settlement of your claim.
There are personal injury cases which can be pursued without the assistance of qualified personal injury attorney, and then there are those which might be better served with legal representation.
Your case appears to be serious enough to merit at least a consultation with several qualified personal injury attorneys.
Most will not charge any fee for an initial office consultation.
Often the use of an attorney can help in the negotiation not only of the above costs, but of an additional amount for the pain and suffering you endured. And all of this may be accomplished without ever having to file a lawsuit.
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,
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