Decatur, TX Personal Injury Law Firms & Lawyers

Between your Question and Question Detail you ask 3 questions, which I will address separately. I am not addressing the facts of your accident, the drunk driver's fault or what your case is worth as you do not ask about those items. In addition, you do not provide enough information for me to answer questons regarding these items. Question 1: How do I sue a drunk driver who parked her car facing east in my westbound lane? To initiate a lawsuit you file a complaint against the drunk driver. You have her served with a copy of the complaint and a summons. There are a number of additional steps before going to trial but their explanation is beyond my ability to answer here. Question 2: Should you go after the drunk driver or her insurance company? Technically, you would always be going after the drunk driver. However, her insurance company will handle the claim, pay, depending on what your case is worth, you up to the drunk driver's Liability/ Bodily Injury coverage limits. They will also hire an attorney to defend her if you file a lawsuit. In almost all situations, you sue the at-fault driver; you cannot sue their insurance company. There are very few situations in which you could sue her insurance company. One would be if she filed for bankruptcy. Question 3: Should you hire an attorney? That is a question you have to decide for yourself. The more difficult a case is, either because of questions about fault or injuries, the more you should consider hiring an attorney. Attorneys have more knowledge about the process, the evidence needed and the value of a case. If a lawsuit needs to be filed because you cannot get it settled for an amount you consider is fair, you also should strongly consider hiring an attorney as the insurance company will hire an attorney for the at-fault driver. You would be at a significant disadvantage handling your own case against an attorney. Most personal injury attorneys offer a free initial consultation so you may want to contact one to learn more about your rights and what he or she can do for you.

In Louisiana you may sue for a tort claim within one year of any accident, or one year of when you "knew or should have known" about a claim. Your claim for damages would have prescribed (passed the date at which it could be sued upon) quite some time ago. Further, you could not actually have "sued" your boss or your workplace, but instead would only have had a worker's compensation claim. The only exception is for an "intentional act," and asking you to lift too much would probably not be deemed "intentional" to the point of attempting to injure you.