Visitor Question

Knee Surgery After Getting Hit by a Car…

Submitted By: Mindy (Marengo, IL)

On 11/10/11 my husband was walking the dog at a crosswalk. It was approximately 5:30am and it was dark out, however he was under a street light. He waited for cars then proceeded to cross the road, but after taking a few steps he was struck by an SUV.

The dog was not injured, however my husband was unable to get up and was taken by ambulance to the hospital. X-rays and a CT scan showed a fractured tibia. The orthopedic doctor was unable to tell at the time if he needed surgery, so they made a follow up appointment for the same day and he was discharged.

He saw an orthopedic surgeon and had surgery on 11/15. He was admitted and had a knee arthroscopy, open reduction internal fixation with bone grafting (using donor bone), and lateral plate fixation of the tibial plateau fracture.

He is currently at home on Norco 10mg, two tabs every 4 hrs. He is a carpenter and works for a small company currently with no benefits, no health insurance, etc.

The guy responsible had auto insurance and we have a claim, however they want to settle everything at the end. The orthopedic doctor informed us that we will have to set up payments if that is the case. He will be out of work 8 weeks at least, and only has approximately 3 to 4 weeks sick and vacation pay total.

Is there anything we can do to make sure he gets enough compensation for everything he’s been through? Thanks.

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 Mindy,


Contact a personal Injury lawyer right away.

There are some injury cases which may not require the services of a qualified personal injury attorney, and then there are the cases like your husband’s.

Many skilled personal injury attorneys are able to negotiate with doctors and other medical providers to withhold any medical billing until such time as the case is settled or won at trial.

That’s a good thing, especially if you are concerned about medical creditors who won’t work with you now.

Almost all personal injury attorneys will not charge a fee for an initial consultation. They normally won’t get into the specifics of a case over the telephone, but will usually afford those who seek their assistance plenty of excellent legal advice.

Then if you decide to retain the attorney you won’t have to pay anything until the attorney either settles the case or wins at trial (even then the fees are usually around 40% of the final court award).

Just as you and your husband sought out medical advice for the injuries, so should you seek out legal advice to protect your interests. You have nothing to lose and everything to gain.

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: November 29, 2011

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