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Pedestrian Hit By SUV in crosswalk

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SillyLittleBoy

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

I was walking back from Quiznos to my place of employment in the middle of downtown Des Moines on a Monday around 2PM. I was walking in the crosswalk with the WALK signal present, when I was struck from behind by a woman driving a Lincoln Navigator, who had made a left turn and hit me from behind.

I was hit in the middle of my back and throw about 15-20 feet into the air and landed on my back on the pavement. It knocked the wind out of me and I got some bad scrapes on my elbows, but fortunately no head trauma. 911 calls were made and fire and rescue were called to the scene, along with law enforcement. Paramedics checked me out at the scene and there didn't appear to be any life threatening injuries or injuries requiring immediate medical attention. The woman was cited by the police officer for failing to yeild to a pedestrian, which clearly shows her fault in the accident.

I went to my regular doctor later that day to determine whether or not I had suffered any broken or cracked ribs. The right side of my back is very sore and I have intermitent shooting pains that have increased, along with increased stiffness and decreased mobility. It was determined by my doctor that there weren't any broken bones and I was prescribed pain meds, muscle relaxers, and anti-inflamatories.

So far my financial liabilities include one brand new shirt torn beyond repair ($40), loss of wages and commisions (I'm in sales) that afternoon and likely today, too (I'm barely able to move out of bed, let alone walk to the bus stop and ride the bus downtown). I also had a $25 co-payment for my doctor and $30 in co-pay for the medications.

Since back injuries are often life-changing or permanent disabilities or liability, I am uncertain what monetary claim or settlement would be fair and reasonable, without settling for too little.

In an example where a person might make a full recovery after several days of pain and suffering, along with lost wages and other financial losses as stated, what would be a reasonable demand from the auto insurance company?

Any thoughts? If I had discovered that I did have some broken or cracked bones, then I was going to seek the advice and counsel of an attorney, but with that not being the case I would prefer to manage the settlement and possibly provide myself a better claim amount.

Any advise or ballpark, which I know is all relative and difficult to estimate. Would it be unreasonable to request $5,000? $10,000? Since it will undoubtedly be a negotiation, I don't want to start too low.

Thanks,
SillyLittleBoy
 


ecmst12

Senior Member
Until you know the full extent of your injuries and have completed your treatment, you can't even think about settling. Right now, you have evidence of a couple hundred in damages, tops.
 

gr8rn

Senior Member
I would suggest a complete evaluation by an orthopedic surgeon or a neurologist to evaluate your spine. There are several issues that sometimes do not come to the surface till after the swelling is reduced. You could have disc problems, or nerve impingement that could cause lifelong problems. Do not be in a hurry to settle until you have received scans and evaluation by one or both of the above specialists.
 

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