Visitor Question

Pain and suffering for getting hit by a car while on the job?

Submitted By: Anonymous (Nashville, Tennessee)

I had just walked off the job site and was in a parking lot, while wearing a high visibility vest and hard hat, when I bent down to fix my jeans in my boot. All of a sudden I was struck in the top of the thigh by a driver backing their vehicle up to park, which had a back up camera on it.

The driver was deemed negligent and at fault. I was transferred via ambulance and given CT scans and X-rays, which came back negative. I am still suffering back/neck pain, and having nerve issues. I went to another clinic where they gave me another X-ray and medication for pain and nerves, but 3 days later I am still in pain.

Though it appears to be soft tissue damage, could I be looking at a possible higher pain and suffering claim for the embarrassment of it being my 2nd day on job and letting the guys down?

I’ve been out of work for a week now, and will probably be out another week. I can’t be intimate with my girlfriend due to pain, and I am just all around not in a good state of mind because of it, regardless that it appears it was just soft tissue damage. The accident occurred in Nashville, TN. Thank you for any information.

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,

Pain and suffering is a general term representing the physical and emotional toll  an injury takes on a victim. It cannot be specifically and independently divided into categories because pain and suffering is intangible.

In other words, when making an offer of settlement, the insurance company will not say, “For the loss of consortium (lack of ability to be intimate with a spouse) we will offer $5,000 dollars, and for the embarrassment $3,000 dollars.” Instead, the amount of compensation offered for pain and suffering is meant to generally represent the aggregate pain and suffering of the victim.

In most “soft tissue” injuries like yours, pain and suffering compensation reflects a multiple of the actual medical and therapy bills, out-of-pocket expenses, and lost wages.

Be sure before accepting any settlement you are fully healed, or that you have reached a level of medical status where further treatment will not substantially improve your condition. Once the claim is closed and you sign the insurance company release you will not be able to reopen the claim.

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: October 19, 2017

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