Hit by car going in reverse...

by Anonymous

My husband was hit by a car while walking. The car was driving in reverse out of a parking spot and hit him. He was thrown over the car's back-end, and landed on the pavement, unconscious. He was transported to the hospital via ambulance and was diagnosed with a lower lumbar sprain. He was released from the ER the same day.

The driver's insurance company wants to settle for $6k - this is after he spent 6 months going to physical therapy and was unable to work for 1 year. He was a self-employed plumber who no longer can work as a plumber due to pain. Is this case worthy of going to trial? What should he get from the insurance company? Thank you.

Visitor Question:
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ANSWER for "Hit by car going in reverse...":

Anonymous (USA):

The lumbar portion of a person’s back includes five lumbar vertebrae. When the ligaments surrounding the vertebrae are stretched beyond their normal capacity, soreness can set in. In most cases, a lumbar sprain can be resolved in a matter of days or at most, a week or two. Treatment normally includes cold and/or heat therapy, stretching exercises, and 2-3 days of bed rest.

Your husband spent no more than a day in the Emergency Room. No further hospitalization appears to have been necessary.

The insurance company is likely offering your husband the amount of six thousand dollars ($6,000) because they believe your husband has exaggerated his injury and unnecessarily prolonged his treatment. Realistically, six months of physical therapy and a year off from work sounds awfully suspicious.

From the facts you present, six thousand dollars sounds like a generous offer, unless of course there are more medical issues involved which you failed to mention here. If so, you'd be well served by speaking with a personal injury attorney. Most reputable attorneys offer a free consultation.

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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