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Pedestrian Hit After Getting Off Bus

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  • 07-21-2008, 10:17 AM
    rachelled
    Pedestrian Hit After Getting Off Bus
    My question involves an injury that occurred in the state of: New York


    What is the name of your state (only U.S. law)? New York


    I was hit by an SUV 3 yrs ago. The driver was speeding and hadn't had a license in two yrs, he was not arrested or anything. He only had a 25 thousand dollars policy was was offered but because this case was just so complicated I refused to take their offer.
    During the accident I suffered a broken tibia, fibular and a torn rotator cuff. Three years and 4 operations later including bone graph surgery I found out that I also have torn ligaments and a torn cartilage still as a result of the accident.
    I'm still in constant agony and still goes to therapy which is on a lean. My leg is deformed as it is extremely swollen and would also need to be drained but because I have no medical insurance I have no way of doing that. I can't sleep on my right side either as it was the side hit and is a mess right now.
    The lawyer is now telling me that he had asked for a 150, 000 dollars settlement even though he didn't discuss it with me first and is trying to get me to accept it despite my injuries or feelings. He's a good lawyer and I do have a lot of respect for him but I don't know that this is in my best interest as I owe so much as a result of this accident and I was 23 at the time so this is changed my life drastically.
    I had gotten off a public bus and now he's telling me that even though the bus driver told me to cross the street, since I didn't cross it at a crosswalk and it was dark outside I might lose the case if I go to trial or get less, is that possible? should he not see things my way? that little bit of money can't even repair my leg let alone compensate me for the damage done to my body and all the physical and emotion scars.
    Is it too late to get a second opinion? what are my options at this point?
  • 07-21-2008, 10:47 AM
    BlueCrystal
    Re: Am I Wrong Here?
    Can you sue the bus driver and the bus company for putting you in harms way?
  • 07-21-2008, 12:39 PM
    Mr. Knowitall
    Re: Am I Wrong Here?
    Your lawyer's job isn't to "tell you what you want to hear" or to "see things your way" when the law or jury might see things in a very different way. Like it or not, you were an adult, you knew how to safely cross a street, and you were under no compulsion to "cross the street" in any particular place or manner even if the bus driver for some reason told you to do so. Any experienced lawyer has seen this happen: a client wants more money than is offered, finds a new lawyer who promises the sun and moon, then loses at trial.

    The offered settlement is from whom? The driver who hit you? The bus service?
  • 07-21-2008, 02:29 PM
    rachelled
    Re: Pedestrian Hit After Getting Off Bus
    the offer is from the bus service.
  • 07-21-2008, 02:31 PM
    rachelled
    Re: Am I Wrong Here?
    Quote:

    Quoting BlueCrystal
    View Post
    Can you sue the bus driver and the bus company for putting you in harms way?

    That's what I did, I sued the bus company for putting me in harm's way and even though at first they claimed they were not liable now they're starting to make offers.
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