Visitor Question

Herniated Discs from Getting Hit By a Woman Backing Out of a Parking Space…

Submitted By: Ann (Kentucky)

I was walking to my car in the rain. A woman not paying attention pulled out of a parking space and she hit me with her truck. I suffered 2 herniated discs in my back and other stresses. I even lost my job. Can I fairly ask for $300,000? What can I ask for? This happened in Kentucky.

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 Ann,

The amount you can consider asking for should include all your “damages.” Damages can include the cost of your medical bills, out of pocket expenses for medications, parking fees at the doctor, hospital, etc, your lost wages and pain and suffering, also called emotional distress or mental anguish.

The traditional manner of determining the amount of damages is by multiplying the cost of your medical bills by 2 – 5 times, depending on the strength of your case. The multiple is meant to cover all your damages. So let’s say your total medical bills amount to $1,000. You might make an initial demand of $4,000. You shouldn’t consider settling your claim until you’ve completed your treatment and know its total cost.

Unfortunately the amount of $300,000 dollars sounds unreasonable. There’s very little chance you’ll be able to recover any amount close to that, even in light of the loss of your job.

You might want to consider speaking with a personal injury attorney, even if it’s only to help you decide what amount would be appropriate to request. Most personal injury attorneys don’t charge for initial consultations. You have nothing to lose and everything to gain by consulting with one or more. Be sure to bring to the consultation(s) all your medical bills, and receipts for all your out of pocket expenses. You might want to also bring the letter of termination of your employment.

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: May 31, 2013

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