Longview, TX Personal Injury Law Firms & Lawyers

Lawsuits against governmental entities, including schools, are difficult, because governmental units are generally immune from lawsuits, with limited exceptions.  In a case like this, in order to be successful, you would have to prove that the injury 'arose from' the use of a motor vehicle - in this case, the bus.  As you can imagine, there have been many injuries that have occurred in and around school busses, for a number of different reasons.  In a case like this where the bus actually was in operation, the central inquiry is whether the injury occurred as a result of the bus's use or whether it occurred as a result of lack of supervision of the driver.  From the facts you presented, it appears the injury occurred due to   the bus driver's lack of supervision of the students, rather than an improper of negligent driving of the bus.  I do not think that you will be able to hold the school distyrict liable for this injury.  You would however, have a claim against the child that threw the lock.

You ask two different questions, which I will answer separately. First, as to the value of your case, there is no "formula" to determine the value of a case. Each case is different and dependent on its own facts. A person is entitled to be "made whole," that is, compensated for all injuries and damages sustained in an accident. There are a number of different factors that determine how much money you may be entitled to, including, but not limited to: whether your injury is permanent; how the injury affected you while you recovering and whether it will affect you in the future; medical expenses; lost wages; pain and suffering; and inconvenience. If an injury is permanent, you are entitled to money, if applicable, for some or all of these items in the future as well. You calculate money for future items based on either estimates, such as the cost of any medical treatment in the future, and your life expectancy. You do not provide any information regarding your injuries and other damages so I cannot answer your question about what your case might be worth. The fact that the "guy at fault has the maximum coverage" does not have any effect on the value of your case. It only goes to whether he has enough insurance coverage to fully compensate you. Second, it is possible that both the drunk driver's and your driver's car insurance companies may both have to pay you. You likely can collect at least some money from the drunk driver's insurance company. Whether you can collect from your driver's insurance company depends on information you do not provide, such as: why was the vehicle pulled over off the roadway; how far off the roadway was the vehicle; were the lights or flashers on or off; and did the accident occur during the day or night. If the accident occurred at night, your driver did not have his or her lights or flashers on and did not pull completely off the roadway, then your driver might also be partially at fault. If only the drunk driver is at-fault, then you would collect all money for his or her insurance company, assuming there is enough insurance coverage to fully compensate you. If both driver's were partially at fault, then you could collect from both insurance companies. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the value of your case and the fault of the driver's involved.

I can only answer some of your questions. Your "Question" and the "Question Detail" are not very similar so it is hard to answer your actual "Question." To try and answer your actual "Question" the "fair amount" is what the medical provider is willing to accept from the "insurance" company as full payment less any co-pays or deductibles. For example, a medical provider may charge $100.00 for some service. The insurance company and medical provider may have a contract in which the insurance company only has to pay $80.00 to the medical provider. An insurance company may not have a contract but still may be able to get the medical provider to accept less. I am not licensed in Arizona so I cannot answer any questions about the law there as it relates to paying back your insurance company. However, assuming your insurance policy is governed by Nebraska, you likely have a contractual duty to repay your insurance company. Your insurance policy probably has provisions regarding "reimbursement" and "subrogation", which are legally different, but basically have the same meaning, which is, that if you recover from a third party (including an insurance company), you have to repay your insurance company. However, you would have to check your policy to see what effect, if any, if what the other insurance company is saying about Arizona law (not having to repay your insurance company) is true. This would depend, in part, on the specific language of your policy. I cannot answer the question whether "$2622" is a fair amount to settle your case for. I would need to know a lot more about your injuries and damages. Lastly, as to your "legal obligations as far as my medical expenses" you have a legal obligation to pay your medical providers. They provided you a service and are entitled to be paid. They do not have to wait until your settle your case to receive their money. They might be willing to wait but they do not have to. This response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.