What is the estimated amount for my settlement if I was hit by a car while crossing the street?

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What is the estimated amount for my settlement if I was hit by a car while crossing the street?

I was walking across the street and got hit by a van. I’ve broke my phone and missed a week of work due to pain. Around how much should I be getting for my settlement?

Asked on June 4, 2012 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An estimate of your potential settlement cannot be determined without knowing your total medical bills, the information in your medical report(s) which will be used to determine compensation for pain and suffering, and the amount of your wage loss.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the insurance carrier for the registered owner of the van should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to your medical bills.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit against the registered owner of the van for negligence.  If the case is settled with the van owner's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the van owner's insurance carrier, you will need to file your lawsuit for negligence against the registered owner of the van prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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 AttorneyPages.com 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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