Hit and run motorcycle accident...

by Caroline
(brooklyn, NY)

I was the passenger on a motorcycle hit by a car that ran a red light and then fled the scene. The bumper and license plate fell off the car before he sped off. There were multiple witnesses, and the police have the car owner in custody.

An ambulance took me to the hospital, where I received X-Rays and a CAT scan. Nothing was broken and I had no internal bleeding, but I had a cut on my face that had to have stitches. It's now 3 days on, I have quite severe headaches, I cannot walk very well, I am dizzy and am not able to work.

I'm wondering if I should try to get an out of court settlement first myself, or should I use a lawyer? If I try out of court and it doesn't work, will I be able to use a lawyer later? What can I do? Thank you.

Visitor Question:
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ANSWER for "Hit and run motorcycle accident...":

Caroline (Brooklyn, NY):

From the facts you present, the driver of the car was clearly at-fault and thereby liable for your injuries and resulting damages.

If the cut on your face results in a permanent scar, you will have the basis of a serious personal injury claim against the driver. However, if the only injury is a transitory cut to your face, then your injury insurance claim will be limited.

Speak with you doctor. It is important to rule out serious injuries related to your severe headaches and dizziness. If those symptoms are transitory and will leave within a few days or weeks, then your injury claim will be limited.

For there to be a legitimate basis of a substantial injury claim will require one or more specific medical narratives directly linking the accident to brain or head trauma resulting in your dizziness and severe headaches. Or linking the accident to a permanent scar on your face.

You will only be able to find an attorney to accept your injury claim if your injuries, including head trauma, permanent scarring, or other serious injuries are not transient, and they result in substantial past, present, or future medical bills and related damages. Meet with several attorneys right away.

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

Best of luck,

Judge Calisi

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