Could I successfully file a personal injury lawsuit if I hired a attorney?

My son was injured in our neighborhood by a speeding truck and was seriously injured. I have been advised by the doctors to speak with a lawyer. What do I need to prove to get compensation for damages and medical bills?
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Answered By: Tomalas Law Firm
You have posed a couple of different questions here, so I'll address them individually: "Could I successfully file a personal injury lawsuit if I hired an attorney?" - The reality is that in order to give a definitive answer to this question I (or any other attorney) would need significantly more information about the fact of the accident, the injuries your child sustained and about the person who was driving the truck. However, based solely on the limited information you have provided, it does appear that you likely do have a claim that would result in a successful recovery on behalf of your son. "What do I need to prove to get compensation for damages and medical bills?" - the legal elements for a cause of action like this (negligence) are that the person driving had a Duty to act a certain way (drive safely), that they Breached that duty (speeding), that their breach of that duty Caused injury (medical bills will verify that your son was seriously injured) and that as a result of those injuries he has sustained Damages (medical expenses and pain and suffering) . Furthermore you have to prove that your son was not partial or entirely responsible for his injuries (for example crossing the street, not paying attention and not in a cross walk), such responsibility can operate to lower the amount of responsibility "pinned" on the other driver. Furthermore, there are practical considerations involving the existence of (or lack of) liability insurance that might extend to cover the at fault driver. You must also be aware that, if your son is under the age of 18, there are a number of other legal issues that must be addressed in order to resolve this claim. I strongly encourage you to contact an attorney to discuss this claim.

Answer Applies to: California
Replied: 10/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Slaughter & Slaughter
From the sounds of it, this is not a case you should try to handle on your own. With serious injuries as you say, I think you should immediately speak with an experienced personal injury attorney prior to speaking with anyone.

Answer Applies to: California
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.
You have a seriously injured child and you want to play around filing a law suit yourself. You will probably not be able on your own to get the compensation an attorney could. Unless you saw the accident, you have no claim personally, you would have to ask the court and get its approval to let you represent your son.

Answer Applies to: California
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Dean B. Gordon
Generally speaking, a personal injury plaintiff needs to show that the other party was at fault. For example, if your son was in a marked crosswalk and the truck was speeding and hit him, the truck driver and owner could be found to be at fault. On the other hand, if your son ran out from between two parked cars directly in front of the truck, it might not be the truck driver or owner's fault. You should consult with an experienced personal injury attorney.

Answer Applies to: California
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Elliott Zarabi
You need to prove that it was as a result of the drivers negligence. It may be diminished as a result of the your son's negligence, if any. You should definitely consult with an attorney.

Answer Applies to: California
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Mark J. Leonardo
Any personal injury attorney can help you with this. As far as proof, a witness that the driver was in error and your child did not run out in front of him would be helpful. For a minor, if there is a settlement, the medical bills and attorneys fees get paid up front and the balance gets ordered into a blocked bank account (or even an Education IRA) until the minor turns 18.

Answer Applies to: California
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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