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should I sue?

Hi everyone,


I was hit by a car last wednesday, while crossing a zebra crossing. It was really a 'freak accident' as the car had stopped, but was hit at the back by another car that had not seen that. The first car shot forward, hitting me, which caused me to fall. I am now unable to walk for a while without using canes.


A collegue told me I should sue the parties involved. Where I come from, that is hardly ever done, so I have no idea if this is normal here in Switzerland? As I understand, the insurance will pay for my medical bills, but my collegue said its more than that, as I have lost my mobility for a while.


could anyone give me some advise on this?


Thanks so much in advance!

The text you are quoting:

Hi everyone,


I was hit by a car last wednesday, while crossing a zebra crossing. It was really a 'freak accident' as the car had stopped, but was hit at the back by another car that had not seen that. The first car shot forward, hitting me, which caused me to fall. I am now unable to walk for a while without using canes.


A collegue told me I should sue the parties involved. Where I come from, that is hardly ever done, so I have no idea if this is normal here in Switzerland? As I understand, the insurance will pay for my medical bills, but my collegue said its more than that, as I have lost my mobility for a while.


could anyone give me some advise on this?


Thanks so much in advance!


drb1Oct 24, 2011 @ 11:54
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Re: should I sue?
Post 1

Ask a lawyer at the Permanance Juridique


http://www.permanence-juridique-geneve.ch/index.php

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Ask a lawyer at the Permanance Juridique


http://www.permanence-juridique-geneve.ch/index.php


Translator, Oct 24, 2011 @ 12:32
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Re: should I sue?
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thanks Translator!

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thanks Translator!


drb1, Oct 24, 2011 @ 13:40
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Re: should I sue?
Post 3

 


Perhaps U may like 2 consider asking TCS (= AAA of USA) as they are in the domain of circulation


or


Federation Romand de Consommation  (protection of consumers), who knows even using roads counts?

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Perhaps U may like 2 consider asking TCS (= AAA of USA) as they are in the domain of circulation


or


Federation Romand de Consommation  (protection of consumers), who knows even using roads counts?


minfung k, Oct 24, 2011 @ 15:33
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Re: should I sue?
Post 4

It is wonderful your mobility will return. I hope that happens very quickly. It is also fantastic that your insurance are not causing any problems and are taking care of you - as they should!


Perhaps suing the people involved is not 'the answer' here. Yes, you may be legally entitled to sue (I'm not a lawyer, I really don't know about that) but as you say, it was an accident. I think one of the only reasons any of us go out on the road is because we all trust each other to an extent, even knowing accidents can and do happen every day. So as long as you're ok - physically, mentally, emotionally and financially- perhaps suing someone else for having had a horrible day is not the way to go. I know I would be feeling depressed if I had caused another human being to have to walk with a cane. I can't believe the person(s) who caused your condition are feeling anything other than miserable right now.


This is just my opinion of course! And again, it's so great you're going to be ok, I wish you the speediest recovery possible! take care,


m.

The text you are quoting:

It is wonderful your mobility will return. I hope that happens very quickly. It is also fantastic that your insurance are not causing any problems and are taking care of you - as they should!


Perhaps suing the people involved is not 'the answer' here. Yes, you may be legally entitled to sue (I'm not a lawyer, I really don't know about that) but as you say, it was an accident. I think one of the only reasons any of us go out on the road is because we all trust each other to an extent, even knowing accidents can and do happen every day. So as long as you're ok - physically, mentally, emotionally and financially- perhaps suing someone else for having had a horrible day is not the way to go. I know I would be feeling depressed if I had caused another human being to have to walk with a cane. I can't believe the person(s) who caused your condition are feeling anything other than miserable right now.


This is just my opinion of course! And again, it's so great you're going to be ok, I wish you the speediest recovery possible! take care,


m.


manics1984, Oct 24, 2011 @ 16:04
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Re: should I sue?
Post 5

It is wonderful your mobility will return. I hope that happens very quickly. It is also fantastic that your insurance are not causing any problems and are taking care of you - as they should!

Perhaps suing the people involved is not 'the answer' here. Yes, you may be legally entitled to sue (I'm not a lawyer, I really don't know about that) but as you say, it was an accident. I think one of the only reasons any of us go out on the road is because we all trust each other to an extent, even knowing accidents can and do happen every day. So as long as you're ok - physically, mentally, emotionally and financially- perhaps suing someone else for having had a horrible day is not the way to go. I know I would be feeling depressed if I had caused another human being to have to walk with a cane. I can't believe the person(s) who caused your condition are feeling anything other than miserable right now.

This is just my opinion of course! And again, it's so great you're going to be ok, I wish you the speediest recovery possible! take care,

m.


Oct 24, 11 16:04

I think this might depend upon whether there is some sort of negligence involved. Perhaps the driver of the offending car was drunk or on the phone or simply not paying attention....


That said, like my friend manics says, I wish you a speedy recovery!

The text you are quoting:

I think this might depend upon whether there is some sort of negligence involved. Perhaps the driver of the offending car was drunk or on the phone or simply not paying attention....


That said, like my friend manics says, I wish you a speedy recovery!


Translator, Oct 24, 2011 @ 16:42
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Re: should I sue?
Post 6

In practice, the procedure for obtaining an indemnification for such a case will probably be quite long and burdensome if the insurance of the car driver(s) does not accept to pay you an indemnity. For this, you will probably need a lawyer.


An indemnity can be obtained if: i) you have suffered from a damage; ii) the damage has been created by a wilful act or the negligence of someone; and iii) there is a clear link between the wilful act or the negligence and the damage,


In your case, the most difficult will probably be to prove the extent of the damage. The Swiss courts do not give anything substantial for the suffering (the fact to have been injurded). Even if you lose a leg, there is no substantial amount granted. They are only ready to quantify a damage if you prove it in economic terms (loss of revenues, etc).


My recommendation would be negotiate with the insurance, but to only start a procedure if you have a substantial damage (for example if you have to stay at the hospital for a month or if you have another substantial injury or damage). Otherwise, the lawyer costs will probably exceed what you could gain.

The text you are quoting:

In practice, the procedure for obtaining an indemnification for such a case will probably be quite long and burdensome if the insurance of the car driver(s) does not accept to pay you an indemnity. For this, you will probably need a lawyer.


An indemnity can be obtained if: i) you have suffered from a damage; ii) the damage has been created by a wilful act or the negligence of someone; and iii) there is a clear link between the wilful act or the negligence and the damage,


In your case, the most difficult will probably be to prove the extent of the damage. The Swiss courts do not give anything substantial for the suffering (the fact to have been injurded). Even if you lose a leg, there is no substantial amount granted. They are only ready to quantify a damage if you prove it in economic terms (loss of revenues, etc).


My recommendation would be negotiate with the insurance, but to only start a procedure if you have a substantial damage (for example if you have to stay at the hospital for a month or if you have another substantial injury or damage). Otherwise, the lawyer costs will probably exceed what you could gain.


Per P, Oct 24, 2011 @ 18:27
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Re: should I sue?
Post 7

Do you have Legal Insurance? If yes, this is a perfect opportunity to ask for their advice...

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Do you have Legal Insurance? If yes, this is a perfect opportunity to ask for their advice...


Nir Ofek, Oct 24, 2011 @ 19:20
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Re: should I sue?
Post 8

Dear all,


Thank you so much for all your help! As I was already inclined not to sue, these answers have helped me to sustain that decision. (Wow, almost sounded like a lawyer there...)


Thank you all!!!!! Kiss

The text you are quoting:

Dear all,


Thank you so much for all your help! As I was already inclined not to sue, these answers have helped me to sustain that decision. (Wow, almost sounded like a lawyer there...)


Thank you all!!!!! Kiss


drb1, Oct 25, 2011 @ 11:10
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