Visitor Question

Got hit by car that ran a stop sign while on my bike and broke my hip…

Submitted By: Scott (Oregon)

I was commuting home on my regular bike route when a car went through a stop sign and hit me doing about 20 MPH.

I was taken to the hospital and given emergency surgery to place four screws to stabilize my hip.

The fellow driving was cited and admitted fault. He was working for the company that insured the car (a car rental company) at the time. His insurance admits liability. My hip will heal to a point but it might require replacement at a future date. How do I calculate a reasonable settlement?

I will miss three months of work. I will be required to pay my own health insurance COBRA.

The medical bills will be $25,000 to $60,000. Thanks for any perspective you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Scott,

You shouldn’t calculate your own settlement. Some injury claims can be handled without the assistance of an attorney. Other more serious injuries, like yours, should always be pursued by an experienced personal injury attorney. While you may think retaining an attorney will diminish your net settlement, you may be deluding yourself.

Attorneys have expertise in settling serious injury cases for much more than the their client might be able to do on his or her own. Attorneys can conduct pretrial discovery, including taking depositions, subpoenaing records, and if necessary, filing a lawsuit in higher court.

Do you know if the driver has ever been arrested? What about his driving record? Did the rental car company hire him knowing he had a bad driving record? These and other questions are very relevant to your case. The answers can greatly influence your settlement amount.

You have nothing to lose and everything to gain by consulting with one or more personal injury attorneys. Most won’t charge for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 4, 2013

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