Visitor Question

Pain and Suffering for Car Crash Victim…

Submitted By: Cynthia (Wyoming)

I was hit by a car in a crosswalk outside of a warehouse store. I broke my left foot, was in a cast for 6 weeks, then had physical therapy. It has been ongoing since last August. They have paid all my medical bills and lost wages.

We are now getting ready to negotiate pain and suffering. I was a very physically active 53 year old, hiking and backpacking in the mountains. I have always been able to do step aerobics, dance, etc. I now cannot physically do any of these activities at all.

My doctor claims that I now have the start of osteoarthritis in that foot. I have a constant low-throb pain. I can walk and continue on with my normal activities, just not my hiking with my husband and I now have to do swim/water aerobics instead.

This is a total lifestyle change for me and I feel that I should be compensated fairly.

I am not looking to retire on this, just get a fair settlement. Any ideas?

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 Cynthia,

Cynthia:

It is apparent from the facts you present your injuries were very serious. Of the greatest importance is having your medical bills paid and your lost wages and out of pocket expenses reimbursed.

Regrettably in any personal injury case medical bills go unpaid while both parties are negotiating a settlement amount. When this happens many times the injured victim’s credit is marred while the medical creditors (through their collection agencies) harass a victim day and night, doing everything possible to have the bills paid.

Additionally, many victims suffer the indignity of having no income coming in during the recovery and negotiation period. In addition to medical bills there are always other bills which, if unpaid, can result in electricity and other utilities being cut off. You certainly are one of the lucky ones.

Your facts do not mention whether you are represented by counsel. Proper legal representation can mean the difference between a poor settlement and a fair one.

Your settlement amount will be based on whether your doctor and attorney are able to prove the osteoarthritis in your foot was a direct result of the injury and not an exacerbation of a previous or existing injury.

The settlement amount should take into account your change in lifestyle. The question though is how much the change will affect the settlement amount.

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: June 29, 2011

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