Hit by car with no insurance is it worth it to sue?

In July of 2004 I was riding on a moped and I was hit by a car. The lady that hit me said she fell asleep at the wheel but didnt tested for drugs or anythign else because it was a hit and run and the police said she could have went home and did drugs after. She didnt have insurance and I have about $1500 our of pocket expenses (that I can prove) plus my left leg was ampuated. I have lost out on years of work not to mention having numerous surgeries and constant pain in my leg. Here is my ? This lady doesnt own a home and like i said no insurance, would it be worth it to hire a lawyer and sue? I would have to pay upfront for the lawyer because she doesnt have insurance. I have a 5 month old son and need all the money I can get so I dont want to waste any if this is a lost cause. What do you think?

I would sue.

If you are having difficulty obtaining a lawyer contact legal aid or a free legal service and see what your best options are for securing a low cost lawyer.

It is inexcusable to be operating a vehicle without insurance. The damages you have suffered are severe. You should not be punished and financially penalized for another person's negligence.

I would not be concerned about the money. It isn't your responsibility to worry about where the other driver is going to get the money to cover a settlement. She should have though about that before she got behind the wheel without insurance.

if you were in a no fault state yes, your insurance should have uninsured motorist coverage, or the city should have uninsured motorist claims that allow up to 5,000 for minor injury, 10,000 serious. Look into disability.

I'd talk to a lawyer and go with their recommendation. Don't ask the shmoes on here.

Don't know what country you are in, but if your in the US try to locate a local Legal Aid office and see if you can go to a small claims court and at least get your out of pocket covered. By doing small claims you don't need a lawyer. There is a dollar limitation (I think its about $5,000) and technically would you want to pay a lawyer for anything under $5,000?

Good luck!

I think you cant get blood out of a turnip...while you would likely win, she most ;ikely has no assets for you to get

I'd scrape the cash together. Her situation could change tommorrow.

2004? You might have a problem. You need to consult an attorney and find out what the statue of limitations is for this kind of thing where you live. In a lot of places it is only two years.

it would be worth your time to have a personal financial background check done on her-not telling what money she might have--other than that follow the other comments advice

I agree with Wizjp, above, since if you have a settlement against a person and then 10 years later they suddenly win the lottery or inherit a big lump sum, then you can often go after that money using the existing settlement (*your mileage may vary).

Of course, if they never do get any money, and have too little for you to go after their wages, then you have wasted your time. It all depends on how much of a cost and time burden you can afford to make (to bring the suit, that is).

I think you've already blown the statute of limitations if the accident was in 2004 it is now 2008. You should contact a personal injury attorney to find out for sure though. You can find MANY in your area they are a dime a dozen everywhere you look...just turn on the tube and they are everywhere. Or you can check your local yellow pages, local and state bar associations can refer you to a lawyer and you can also check Martindale Hubbell's website. Most personal injury attorneys are not going to charge you anything so if you are getting people telling you they want $$...keep looking. Good luck.

YOu're probably not going to get anything out of her. You can't get blood out of a turnip... Why not get one of those personal injury, we dont get paid unless we get money for you lawyers?

The statute of limitations on most personal injury cases is two years; that would mean you would have had to have your case on file and the defendant served by July of 2006. More than likely, you have no cause of action and wouldn't be able to bring one because of the statute. Check with an attorney in your state to see what the statute is.

If she doesn't have any and it looks like she won't have any money in the future then it's not worth filing a lawsuit.

If you can get an attorney to sue her on a contingency basis then do it. I sure wouldn't take any money out of my pocket to hire a lawyer to sue her. Because there's a good chance that you would be just throwing your money away.

It's easy to sue people and win a judgment in court. The hard part is collecting on that judgment.

Good luck.