Our office recovered $85,000.00 for a pedestrian struck by vehicle with no serious injuries. In this case, a 36 year old police officer struck by a vehicle while investigating the scene of an auto accident.
The police officer was on the scene of another auto accident, investigating the scene. While the officer was out of his vehicle completing the investigation, a drunken driver came crashing into the scene of the first accident, striking the police officer and multiple vehicles. The pedestrian struck by vehicle with no serious injuries was rushed by ambulance to the hospital where he underwent extensive tests and examinations. Luckily, there were no broken bones, no bleeding, no loss of consciousness, no bruises. Because of the series of negative findings at the hospital, the insurance carrier disputed the extent of the injuries to the police officer, even in this clear liability case. We had no choice but to file suit against the drunken driver. The only way the insurance carrier was going to accept the fact that the police officer sustained injuries was to prove it in court. Eventually, after the expense of litigation, we were able to prove that, in fact, the pedestrian struck by vehicle with no serious injuries did in fact sustain compensable injuries despite the fact that there were no broken bones, cuts or loss of consciousness.
When injured in a motor vehicle accident there are some important things you must do and know. First, you should know that the insurance company will try to convince you that you sustained little or no lasting injuries from the accident. They will argue, like the pedestrian above, that since no bones were broken, no cuts were sustained, no head injuries incurred and no objective findings from the various tests at the hospital, that you were not really hurt. This of course may not only be false, but insulting.
Second, you should know that the insurance carrier will try to settle your case for less than full compensation. What you think is fair compensation and what the insurance company thinks is fair compensation is rarely the same. The insurance carrier will remind you that your medical bills have been paid by your health insurance company so the medical bills do not need to be considered. This is wrong. The insurance carrier will point out to you that your wages have been paid by your employer during your time off so your wages do not need to be considered. This is wrong. The insurance carrier will point out that the tests taken at the hospital were negative so you had no injuries. This is wrong. You will have to explain to the insurance carrier that they are wrong on their assumptions and prove to them why they are wrong.
Third, you should know that a “simple” auto accident is never simple. The insurance carrier may not have enough insurance to adequately compensate you for your losses. You may have to file an uninsured or an under-insured motorist claim. There may be multiple parties at fault, or multiple parties wanting compensation from the same insurance carrier. Your injuries might be related to a pre-existing condition. The insurance company disputes your injuries, or your medical bills or your time off work. The areas of dispute are unless.
This is what you should do. First, you should get the names and addresses of all witnesses. Second, seek medical treatment immediately if you are in pain. You should report to the doctor all parts of your body that are affected, even if the pain does not seem severe. Days later, the pain may be much worse. Third, you should take pictures of your car, immediately at the scene if possible. Finally, you should contact your insurance company. When doing this, do not give your insurance company a statement or allow them to record your statement as there is always a potential claim for uninsured or under insured motorist coverage. Finally, should retain an attorney immediately.
Your initial consultation with the LAW OFFICES OF CHARLES J. GALE is free and you will be under no obligation. We will discuss with you your rights and provide you a free and comprehensive evaluation of your case. We will explain to you in detail in steps involved in prosecuting your claim. At no time will you be charged a fee unless we collect.