Child Hit By Car - Florida Car Accidents Question

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The following is an professional solution given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a totally free Q & A service on the internet:

Query: In June my daughter got off of the public bus and crossed the street as a pedestrian and was hit by a automobile that went all around the bus. My daughter went to the hospital for observation and suffered bruises, rib fracture and she did recover in a week. The lady who was driving the car's insurance coverage provider has just gotten back in touch with me and mentioned that my daughters bodily injury claim is becoming denied due to she ran out in front of the bus (which is not genuine, the bus driver told her to cross). I really feel that they are becoming really unjustified in not compensating my daughter. Is it too late to hire an attorney? I under no circumstances hired one particular initially mainly because I was only attempting to be fair and was delighted that my daughter was not especially badly harm, having said that I do not feel that they really should not present her any compensaton for her injury and it was my auto insurance coverage who paid her medical bills. Generally the driver who hit my daughter got off 100 % free and I do not really feel this is justified. Any tips would be greatly appreciated. My daughter nevertheless has long term marks on her left side. I really feel the insurance enterprise rendered this selection considering that we did not get an attorney.

Solution:
You are most likely appropriate.  Insurance suppliers know that most customers that are not accident lawyers will not file a lawsuit, or know how to file a lawsuit, if their claim is denied.  The insurance coverage company will either present a rather tiny settlement, or no settlement present at all.

Your e mail does not say in what state the accident happened.  I am a Florida accident injury lawyer specializing in Florida auto accidents, slip and falls, and function accidents.  Laws differ from state to state, so you should certainly speak to an accident injury lawyer in your state to identify out what laws may perhaps apply.

Your initial concern will need to be the Statute of Limitations in your state.  A statute of limitations is a statutory time limit in which any claim arising out of a automobile accident has to be filed.  If the claim is not filed in that time period, your claim may well be barred.  In the case of Florida automobile accidents, the Statute of Limitations for a auto accident is 4 many years from the date of accident.

If the Statute of Limitations has not run on your daughters claim, you can definitely nonetheless bring a claim against the driver, but you will most probably require an accident injury lawyer to do it.  The insurance company is disputing that their driver was at fault, and you will most likely require to file a lawsuit, conduct discovery (depositions, interrogatories, document requests), via which the matter of who was at fault for the accident may very well develop into far more clear.  You or your accident attorney will want to uncover out if there were any independent witnesses, maybe video surveillance from the bus or intersection, or any other evidence which might display the driver of the car was at fault.

1 other concern to consider is no matter if the bus driver was at fault.  I handled a extremely comparable accident in which a boy attempted to cross a pretty busy six lane road following becoming dropped off by a school bus.  He was struck by a auto and badly injured.  We filed suit not only against the driver of the auto that hit him, but also against the School Board as the bus driver was not supposed to drop the child in which he did on the date of the accident.  The actual bus cease was about the corner on a considerably quieter, and much less traveled, street.  However, via discovery, we discovered that the bus driver regularly dropped college students at bus stops that were not the actual scheduled stops for that school bus.

Finally, in the situation of , when a school bus has stopped, it automatically extends red indicators from each sides of the bus which alert targeted visitors behind and alongside it, to stop.  If a driver goes all around the bus although it is stopped dropping off youngsters, the driver can be cited for a targeted traffic infraction. Your e-mail does not give all the details surrounding the accident, but if the driver went close to the bus whilst the signs have been extended, the insurance corporation is going to have a hard time denying liability for its driver.

If your daughter still has scarring from the accident, or is feeling any residual effects, you need to most definitely pursue the claim more.  I file lawsuits on claims all the time where the insurance organization, or at fault celebration, will take the position that they are not accountable.

If your daughter's accident occurred in Florida, please give me a call.  I would be interested in speaking to you further about the claim.

For far more details about your rights if you are involved in any Florida vehicle accidents, speak to the at Joseph M. Maus, P.A.at 1-866-556-5529 or them now.