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I was a pedestrian hit by a car...

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sarahd

Junior Member
What is the name of your state (only U.S. law)? NY

In September of 2007 I was a pedestrian hit by a car in New York City. The intersection is a relatively busy one in Manhattan, 96th and West End.
I was crossing east on 96th, the direction of traffic coming off the hgwy, at 10am on a bright, sunny day.
I was in the crosswalk, my right of way; the driver was making a left turn off of 96th to go south on West End.
No ambulance, no police report.

I went to my uncle, who is a physicians asst, and he cleaned me up. A couple days pass, and I have a horrific bruise the size of a dinner plate on my left thigh and numerous other bruises on my knees, shins, calves, ankles, both arms and a small one above my left pelvic bone. I had some belly pains, so I went to the ER.
I sought help from a personal injury attorney 10/07
Since the accident, I have endured the following:
- Radiographs of ankles, knees, thigh, hips, back, forearm 9/6/07 in the ER
- Physical therapy from 10/07-7/08
- MRI of the L hip, L knee, R elbow 11/07-1/08
- MRI of the knee revealed bone bruising, hip and elbow were within normal limits
- Pain eases in the knee, but is increasing in the hip.
- MRA of the left hip reveals a left acetabular labral (cartilage) tear/chondrolabral separation and a bone contusion to the femoral head. 2/08
- Cortisone injection to the hip capsule, an attempt to avoid surgery... pain returned within a couple weeks.
- I had arthroscopic surgery to the hip in July of 2008.
- I was in PT/recovery for 6 weeks, the pain persisted. I was out of work for 10 weeks.
- I had another MRA 10/08, the results were suggestive of a re-tear of the anterior acetabular labrum with evidence of capsular separation.
- I had another cortisone injection 11/08
- My surgeon referred me to a colleague of his in 2/09, he determined the following:
--Impingement on the femural head and acetabulum (socket)
--My iliopsoas tendon was too tight, causing irritation, caused by trauma
--Unsure if, in fact, there was another tear to the labrum

I had a second arthroscopic procedure just last week 5/21/09, am now in recovery. He told me briefly afterwards that once he got in there, my problem was "pretty obvious", he said he had to repair a tear in the labrum as well as other planned procedures.

My questions are these:

What kind of settlement can I expect from my claim?

Is there a possible way to go after the city?

What kind of settlement is fair?

At work, I have been moved to a desk position. I have never had any problems with my hips or knees. I also worry that due to over compensating/added stress to the right hip, it may now be developing problems as sometimes it has pains.

Please help.
 
Last edited:


You Are Guilty

Senior Member
Too long. Cut that down to the following:
-Date of Accident
-Brief, one sentence description of how it happened
-List of Injuries
-Dates of treatment
-Current cost of known damages

Then, someone can guess what might be "fair".
 

ecmst12

Senior Member
Also - Do you know the policy limits? Did you have PIP to pay your medical bills? Do you have a lawyer?
 

sarahd

Junior Member
Sorry... trimmed it some.

Yes, I have a lawyer.
As for PIP, everything has been covered by NYS no fault to date.
I do not know the policy limits.

I'm just at a bit of a loss... I have no idea what to expect in the months to come. Whats fair? I've had pain everyday for nearly 2 years, no longer doing a job I had done for 8 years... I'm young (26 at time of accident).
 

ecmst12

Senior Member
Until you have recovered from your surgery and know what the permanent damages will be, there's no way to say. You need to schedule a meeting with your lawyer to talk about this stuff. Make sure you keep in touch with him and that he is mindful of the SOL. He will have to file suit if you are still actively treating as the 3 year mark approaches.
 

sarahd

Junior Member
SOL?

My attorney and I have been in good contact. Suit has been filed and is going to the state supreme court, I have a deposition later this month at my attorneys office. I can ask her some particulars then.
 

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