Brooklyn, NY asked in Car Accidents and Personal Injury for New York

Q: My daughter was hit by A car while crossing the street she had the light was in the crosswalk he was turning

Driver was issued a summons for failing to yield my daughter was taken to the hospital with a broken scapula. Other injuries as well can we sue?

5 Lawyer Answers

Michael H. Joseph

Answered
  • Personal Injury Lawyer
  • White Plains, NY
  • Licensed in New York

A: Yes, but the first step is you need to file a no fault application with the insurance company for the car that hit your duaghter within 30 days of the accident. They are responsible for paying for her hospital and medical bills. You can find out the insurance company from the code on the police report. In addition, you can definitely sue the driver for your daughter's pain and suffering.

Timur Akpinar agrees with this answer

Peter Briskin

PREMIUM
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: Absolutely, you can sue. Whether or not you will prevail depends on a number of factors. It is important that you do not discuss the claim with any insurance companies. You should speak to a personal injury attorney first who will take care of all your concerns so that you may focus on your child's recovery. ! I can be reached any time to discuss your daughter's accident and most importantly I wish her a speedy recovery!

Timur Akpinar agrees with this answer

Jonathan Bradford Ripps

Answered
  • Personal Injury Lawyer
  • New City, NY
  • Licensed in New York

A: Hi - I would highly suggest you contact an attorney to review your options. We are happy to consult with you.

Timur Akpinar agrees with this answer

1 user found this answer helpful

Timur Akpinar

Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Yes, you can. As has been pointed out already, take care of no-fault benefits by filing an NF-2 Form, NYS Application for No-Fault benefits, as one of your first steps. This will ensure that medical services are covered. If she is a minor, as a parent you likely signed forms for her at the hospital which would have included AOBs (assignment of benefits) to enable them to bill on her behalf. Don't wait until the end of the 30-day deadline for filing no-fault benefits. Act promptly on filing for these benefits (you probably already have) and reply to bills from ambulance, hospital, and other medical providers promptly by providing them with necessary no-fault insurance information. You can consult with an attorney to go over the entire range of damages to which your daughter is entitled to here.

Good luck and I wish your daughter a good recovery from her injuries.

Tim Akpinar

Benjamin Rabin

PREMIUM
Answered
  • Personal Injury Lawyer
  • East Syracuse, NY
  • Licensed in New York

A: I'm very sorry about this incident. You and your daughter have legal rights and responsibilities. One of your rights includes suing, but there are also other options to obtain a recovery for her. You should discuss these issues with a lawyer so you'll have a better idea of how to proceed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.