Visitor Question

Compensation for ankle that was run over by a New York City taxi?

Submitted By: A (NYC)

My ankle was run over, and I was forced out of the vehicle when exiting a taxi cab in NYC. The driver heard a door close, assumed everyone was out of the cab, and drove off. I was in the process of exiting the vehicle, with one leg outside and one inside of the cab, when the driver took off.

The driver crushed my ankle, that was outside of the cab under the rear tire, and I fell out into traffic. He reversed when I was yelling and got out of the vehicle. He kept saying he was sorry and told me to walk it off.

When he realized I needed an ambulance and could not walk, he said to sue him and became angry. I had a crush injury and have been visiting doctors and still cannot feel my ankle after a year. What kind of compensation could this case potentially yield? What should I do? Thank you.

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.


Dear A,

The cabbie appears to have been negligent. His apology can be considered an “admission against interest.” That’s very strong evidence if you decide to file a lawsuit. The next issue is your right to compensation. While you state you haven’t been able to “feel” your ankle, that description is a bit vague.

If you sustained an injury which was more serious than a sprained or bruised ankle, then you might have the basis of a personal injury claim against the cab company. A sprained or bruised ankle is considered a “soft tissue” injury.

To legitimize an injury claim, you will have to prove your injury resulted in damages. Damages can include any combination of medical or chiropractic bills, out-of-pocket expenses, lost wages, and pain and suffering.

The most important and necessary requirement for an injury suit is medical or chiropractic bills. Without medical or chiropractic bills, out-of-pocket expenses and lost wages will be non-existent, or minimal. There is also no recoverable compensation for pain and suffering.

If your medical or chiropractic bills were only a few hundred dollars, you really don’t have much of a case. At most you might sue in small claims court to recover the cost of your treatment, out-of-pocket expenses, and lost wages.

In the alternative, if your injury was serious, and will require surgery, a lengthy hospital stay, or ongoing chiropractic treatment, then you will have the basis of a strong personal injury claim.

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 3, 2014

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