What Are My Chances of Winning a Lawsuit in This Case

[PayrolGuy]

Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.

Well, you need to notify your lawyer, The Hammer, and let him deal with this from here on out.

[Harold99]

Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.

Wow, court so soon? Who is suing who?

Did the cop write a citation that he is fighting in traffic court and the cop wants you as a witness?

[PayrolGuy]

Wow, court so soon? Who is suing who?

Did the cop write a citation that he is fighting in traffic court and the cop wants you as a witness?

Notice to readers,

Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times, due to the current lack of moderation he isn’t being banned. Hopefully that will change in the future but for now we have to live with it.

For now I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

[Hemispheres]

Well, you need to notify your lawyer, The Hammer, and let him deal with this from here on out.

I just got off the phone with him and he says it doesn't affect his work in any way.

[PayrolGuy]

I just got off the phone with him and he says it doesn't affect his work in any way.

Great,

Since you now have a lawyer and even one that seems to answer your phone calls, I'd direct the rest of your questions to him.

Good luck and let us know how it all turns out.

[Harold99]

Harold99 posts for no other reason than to take shots at senior members of the forum...

Then maybe they should give better advice that is often adversarial and offensive without cause.

Do you feel better now? You are like a guy who wants to be heard but nobody is listening.

[PayrolGuy]

Then maybe they should give better advice that is often adversarial and offensive without cause.

Do you feel better now? You are like a guy who wants to be heard but nobody is listening.

Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isn’t being banned. Hopefully, that will change in the future but for now, we have to live with it.


For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

[Taxing Matters]

Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.

I assume this is the criminal or traffic case against the driver that is going to trial next month since there is no way your civil case could be tried that soon. While you may not enjoy testifying in that trial, it can help you. If the driver is convicted in that case, that can be used against him in the civil trial, making your civil case easier. If he's not convicted, you can still win the civil case anyway because an acquittal on the criminal/traffic charge does not mean he wasn't negligent in the accident. It just means he wasn't guilty of any traffic/criminal offense. So if your testimony helps get the guy convicted, it helps you with your civil case. Just be aware of one thing: if you testify differently at your civil case than you do at the criminal case, the driver's attorney will use that inconsistency against you in your civil case. As long as you don't change your story, though, you should be fine. Your attorney can fill you in about that.

[Mercy&Grace]

I've got a mild concussion too, so the lawyer can go to the insurance company with TBI claims. My left leg is also twice the size of the right one.

I also contacted the police department and was told to call back in the morning to request a copy of the police report and photos.

The way things appear now does not indicate the level of long term damage done. There are different degrees of TBI. A person can have a concussion but not experience long term or short term damage. If the ER doctor did not keep you overnight for observation. That is a good indicator your injuries are not as serious as you think they are..

It seems like you think you are going to get quite a bit of money from the insurance company. I am just saying you need to be prepared and be realistic. Have you seen your primary care doctor for a followup? When do you plan on returning to work? Did the ER doctor give you a excuse for work?

[Hemispheres]

I assume this is the criminal or traffic case against the driver that is going to trial next month since there is no way your civil case could be tried that soon. While you may not enjoy testifying in that trial, it can help you. If the driver is convicted in that case, that can be used against him in the civil trial, making your civil case easier. If he's not convicted, you can still win the civil case anyway because an acquittal on the criminal/traffic charge does not mean he wasn't negligent in the accident. It just means he wasn't guilty of any traffic/criminal offense. So if your testimony helps get the guy convicted, it helps you with your civil case. Just be aware of one thing: if you testify differently at your civil case than you do at the criminal case, the driver's attorney will use that inconsistency against you in your civil case. As long as you don't change your story, though, you should be fine. Your attorney can fill you in about that.

He was charged with failure to yield to a pedestrian. He's also 94 years old. I'm not planning on suing as long as my lawyer can get a satisfactory amount from the insurance company.

This is the first time this has happened so I didn't know insurance paid anything other than medical bills.

This is wild. Less than a month before I got arrested for my NGRI offense one of the local Newspapers who wrote about me also wrote articles about the man who hit me. He's a holocaust survivor who worked for the newspaper as a journalist and lectured at the local university. I honestly feel bad for him despite him being such an ass to me.