Yes, you should speak to an attorney. Initial consultation is free for most, if not all, injury attorneys. A personal injury case has elements that must be proven, but essentially, you need to prove that your son's injuries were caused by the negligence of the driver. In most auto cases, an attorney will allege that the accident was caused by the driver's failure to maintain proper lookout, speed, or control, and your son was injured as a result.

Answer Applies to: Oregon
Replied: 10/14/2011

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The doctors gave you good advice. You should contact an attorney, who will help you gather and present the evidence you need to maximize the economic value of your son's case. You shouldn't try to do this without an attorney.

Answer Applies to: Oregon
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.

In order to successfully prosecute a negligence case you need to prove that the driver of the car violated a duty of care to your child and that the violation caused an injury to your child. It sounds from the limited facts provided that you would have a decent case, depending on how your son came to be in the path of the vehicle. If he ran out into the road without regard to traffic, then regardless if the truck was speeding, you case would not be that great. If your son was crossing in a crosswalk that's a different case. Whatever the case, your doctor is right, you should talk to a lawyer, in person. Only be giving an experienced personal injury attorney all of the facts of the case can you get a thorough evaluation. The sooner you see an attorney the better.

Answer Applies to: Oregon
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.

For any personal injury lawsuit, you need to prove that the other party was liable to even get to the issue of compensation and damages. If you can prove that the other driver was negligent, a court/aribtrator/jury may award you economic damages as compensation for the medical bills you incurred for your son's treatment (if he is a minor), and a court/arbitrator/jury may award your son compensation for non-economic damages, what most people call "pain and suffering". There could be issues worth raising to seek additional damages depending on the driver's conduct behind the wheel, after the accident if they fled, or if they were under the influence or extremely reckless. Or, you and your family could have additional claims for damages if you witnessed the injury. None of this is actually required to "file" the lawsuit as you asked in your question. Filing a lawsuit is not the same as prevailing in a lawsuit. Because of the complicated nature of how these cases and claims actually work, I cannot recommend highly enough that you consult the help of an attorney.

Answer Applies to: Oregon
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.

The short answer is yes. You must prove the driver failed to exercise reasonable care, which should be easy enough in light of the fact he was speeding. You must also prove damages which includes: medical bills past and future, wage loss and impairment of earning capacity, along with pain, suffering, and any permanent disability related to his injuries.

Answer Applies to: Oregon
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.