Visitor Question

Hit by car going in reverse…

Submitted By: Anonymous (USA)

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.

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 Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 27, 2015

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