Run Over by Mini Van...

by William
(Tucson, AZ, USA)

I was at a swamp meet and a man in a gray mini van hit me from behind. He struck my left leg from my calf down to my foot. My foot and leg where run over by the right side of the driver's vehicle and as I was under the car I felt the man apply the gas.

I was asked if I wanted to go to the ER by ambulance but I said no because I didn't feel the pain until I started to put weight on the injury. The doctor took x-rays and told me he was shocked my leg didn't snap. This all was in June and I'm still sort of having pain from time to time and it's November now.

How much should I be getting offered for pain and suffering?

Visitor Question:
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ANSWER for "Run Over by Mini Van...":

William (Tucson, AZ, USA):

Compensation for pain and suffering is a derivative of the cost of medical bills. This means personal injury cases are based on a multiplication of the amount of money a victim pays once injured.

The process of collecting compensation after a personal injury case is not as simple as telling an at-fault party she owes you money for the pain and suffering you endured.

The process proceeds like this:

• An injury occurs.

• The injured party receives medical care and incurs medical bills.

• One party admits fault (or) their fault is determined by an insurance company after an investigation.

• The injured party negotiates a settlement with the at-fault party’s insurance company (or) if the at-fault party’s insurance company declines to accept liability, the injured party files a lawsuit

• Once liability is determined through agreement or through the court system, an amount of compensation is determined and the injured party receives payment.

Without medical bills it's unlikely you can expect to receive any compensation for your injury. Because the State of Arizona has a 2 year Statute of Limitations on the settlement or filing of a lawsuit, you have plenty of time to seek medical care to determine the extent of your injuries and the approximate cost necessary to pay for the resulting medical bills.

(A Statute of Limitations period is the amount of time an injured party has to either settle their personal injury claim or file a lawsuit. After that period the injured party normally loses their right to pursue their personal injury claim through the court system.)

Ask the driver for his insurance information and then contact them to file a claim. At or about the same time see your doctor to begin an evaluation of your medical status. The rest will proceed through settlement negotiations or through the court system.

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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