Should I take legal action if a kidat school ran over my foot and ankle in parking lot?

UPDATED: Nov 12, 2011

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Should I take legal action if a kidat school ran over my foot and ankle in parking lot?

I was standing on the side toward the front of the car, after he ran me over he backed up then took off. my ankle and foot hurt pretty bad and there are tire marks on my shoe, tire burns on my leg, and my foot is probably fractured but I do not want to get medical attention because I can still walk on it. Should I take legal action on him and, if so, what would my claim be?

Asked on November 12, 2011 under Personal Injury, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The action would be based on negligence--careless driving. However, without seking medical attention, you can't sue:

1) First, you can only sue for an actual physical injury--not just because something "hurts." Without medical care, there is no evidence of any injury to sue for.

2) You can only sue for an amount related to the medical costs, lost wages, and the extent of injury or disability. Without any receipts, evidence of disability, etc., you can't attach a dollar value to your claim, and so can't recover any money.

On a non-legal note: I've had ankle injuries, and my wife and a friend have both had broken feet. Without medical care, these injuries can take a LONG time to resolve, and can leave permanent disability--you can't take them lightly. Bein able to walk, as we know from experience, does NOT prove there is no injury. See a doctor, to take care of yourself; then if you discovery injury and injury medical costs, that's the time to consider suing. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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