QUESTION
Could I file a personal injury case after being hit by a car?
Asked on Aug 27th, 2015 on Personal Injury - Illinois
More details to this question:
My husband was hit by a car while walking back to his car after paying for gas at a local gas station. He has been off work because of injuries (elbow) since March 18th. Our insurance is only paying 80% of his wages and he is receiving short-term disability from work. In these type of cases how much money would one be entitled to for pain and suffering? Can we recoup the other 20% of his lost wages from the other insurance company?
10 ANSWERS
Edwin K. Niles
Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the insurance company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.
Answered on Aug 28th, 2015 at 5:14 PM
You can collect the full amount of the wage loss from the insurance company but you have to check the contract under which he is being paid whether the employer has a right to be paid back if you collect anything. You have to provide much more information for any one to be able to make a guess as to what the case is worth, and even then no one can until his condition has reached maximum improvement. Was he hurt in the course and scope of his employment [has to drive for his work]? If he is getting paid under a disability policy, the income might not be taxable, so he might be actually making more than his normal wages after deductions.
Answered on Aug 28th, 2015 at 10:59 AM
Ronald A. Steinberg
Under Michigan law, you could sue the other driver for lost wages more than 3 years out, and for pain and suffering. The case is worth what you can prove it is worth.
Answered on Aug 27th, 2015 at 10:38 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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May be you can. But your husband is actually a lot better off than many other victims. In any case you can sue the wrongdoer although you may not be able to collect any money from him or her. Be sure you have notified your own insurance company: you might have on the insured motorist coverage. It never hurts to consult a personal injury lawyer for advice.
Answered on Aug 27th, 2015 at 10:35 PM
Business Litigation Attorney serving Los Angeles, CA
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Quintairos, Prieto, Wood & Boyer, P.A.
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Yes, you can typically file a personal injury case for loss of consortium. You should immediately consult an attorney to discuss the possibility of amounts you and your husband might be able to recover. Also, usually any insurance benefit received by your husband should not be a factor in the damages to which he is entitled.
Answered on Aug 27th, 2015 at 6:57 PM
Lisa Hurtado McDonnell
Sure you can file a personal injury case if you have injuries due to a car accident. Recovery depends on medical injuries and lost wages and permanent disability. It is impossible to say what your recovery will be without knowing the amount of medical bills and amount of the lost of wages and if the injury is a permanent disability and what the impairment rating.
Answered on Aug 27th, 2015 at 6:18 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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If the driver of the vehicle which struck your husband failed to yield to him, then he may have a strong claim against the driver and perhaps the owner of the gas station, depending upon the circumstances. The value of your claim would be based upon the economic losses and non-economic losses suffered. Economic losses include past and future medical expenses incurred, including the portion paid by medical insurance, loss wages and future reduced earning capacity. Non-economic damages include pain and suffering, loss of quality of life and permanent impairment.
Answered on Aug 27th, 2015 at 6:11 PM
James Eugene Hasser
You would look to the party that hit him for all damages due, including pain and suffering. Your disability and medical insurance companies will probably be entitled to get their money back, depending on whether they have subrogation rights in their contracts with you. It can get complicated. You probably should consult an experienced injury lawyer. Good luck.
Answered on Aug 27th, 2015 at 6:10 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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$28,000.
Answered on Aug 27th, 2015 at 4:51 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It is possible that your husband may have a case. It would be important to review the police report and all of the medical treatment and bills (as well as loss of income and pain and suffering) to evaluate the potential case. Thank you for your email.
Answered on Aug 27th, 2015 at 4:27 PM