Hit by a pick up truck backing up in our driveway during a garage sale...

by Mario

My wife had a garage sale at our house. A man backed up our driveway to pick up the things he bought. Instead of putting the truck in drive he put the truck in reverse, stepped on the gas pedal hard, and hit my wife trough an iron door and chain link gate.

She was transported by EMS to the trauma department at the hospital. She got X-rays and a CT scan. Thank God nothing was broken, although she did have a lot of bruising and hurt her right thigh. She stayed in the hospital for two days and is getting therapy.

How much pain and suffering can she go for? She has to take pain killers and sleeping pills, and doesn't want our grandkids to come to our house - thinking what could've happened if they had been there at the time. Any information you can provide would be helpful.

Visitor Question:
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ANSWER for "Hit by a pick up truck backing up in our driveway during a garage sale...":

Mario (Texas):

Fortunately, your wife’s injuries were soft tissue. Soft tissue injuries normally include bruising, abrasions, sprains to muscles, tendons, and ligaments, minor burns, whiplash, and the like. They are not as serious as hard injuries such as fractures, head trauma, deep cuts and gashes requiring many stitches, and the like.

Soft tissue injuries aren't worth as much as hard injury personal injury claims. Soft tissue injury compensation is normally limited to reimbursement for medical and therapy bills, out-of-pocket expenses (for such items as medications, bandages, costs of travel to and from treatment, etc.), lost wages (if applicable), and a small amount for pain and suffering.

In soft tissue clams, pain and suffering is normally determined by multiplying medical bills by anywhere from 1½ - 3x, with claims normally settling at about 2 times medicals. It's a good idea to demand 3 times medical and therapy bills. That would be a reasonable starting point for negotiations.

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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