Q: Hello I have a 8 year old daughter we were riding on a scooter yesterday a parked car was exiting their parking spot and
Pulled out of the parking spot abruptly I tried to turn away but he struck us on the scooter knocking both of us off. My daughter is ok with scrapes on her knees and her leg is sore took her to the emergency right away, myself scrapes and bruises as well. Should I reach out to a lawyer, thank you please help.
A: You should definitely discuss with a lawyer to preserve your rights and properly investigate your claim. It is important an attorney properly and timely collect evidence, including medical records and police reports to document your claim. If you would like to discus , feel free to give me a call at 718-709-9678.
I'm sorry about your accident, but I'm glad you and your daughter were both able to walk away from it. You could reach out to a lawyer - it costs you nothing because most firms that handle these types of cases offer free initial consults. Depending on your injuries, you may or may not decide to pursue a case. That's up to you.
But regardless of your decision there, I recommend you and your daughter have yourselves checked out thoroughly and follow the emergency room treating physician's recommendations for follow up care. They may have provided you with a referral card. If they recommended diagnostic imaging in terms of MRIs or CTs beyond basic ER x-rays, follow through on their instructions. Those are important and can provide important information to any doctors following through on your care and rehabilitation.
Take care of all necessary paperwork to cover your medical expenses. New York is a no-fault state, which imposes short (30 day notice of claim deadlines for filing paperwork) - and scooters, vespas, and electric bikes present some twists there. If you reach out to an attorney, they could outline these and other important issues for you.
Good luck and I wish you both a healthy recovery,
Jonathan R. Ratchik agrees with this answer
A: So sorry to hear what happened to you and your daughter. Most personal injury attorneys offer free consultations so there is no harm in speaking with one. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your time in which to file an application for no-fault insurance benefits (so that the car's insurance will pay for your medical bills) is only 30 days from the date of incident. As for bringing an actual lawsuit, in New York you can only bring a lawsuit for pain and suffering arising out of a motor vehicle accident if you've sustained a "serious injury" within the meaning of the law. A significant disfigurement fits within that definition. If any of the scrapes and bruises are permanent, you might have a case.
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