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  1. #1

    Default What Are My Chances of Winning a Lawsuit in This Case

    My question involves an injury that occurred in the state of: Virginia

    I was on my way to the bus station earlier today when I was struck in a crosswalk by a senile old man.

    I stopped at the crosswalk, pressed the button to cross and waited. When the sign turned to the walk image I started making my way across. At this time the older man began pulling out to make a left hand turn.

    As I continued walking he continued pulling out and turned. I thought he was going to creep across and wait for me to pass but no; as soon as I made eye contact with him he sped up and ran directly into me. Without skipping a beat he pulled over, got out of his car and told me that I can't walk in front of his car.

    His car hit me left leg, I went airborne and landed on my head. Luckily a woman at the post office saw and told me to stay down and not to move. I was also less than a block away from the fire station and was witnessed by a fire fighter who alerted paramedics. They pulled up in the ambulance shortly after.

    My CT scans and Xrays checked out but I needed 14 stitches above my right eye and the right side of my face is swollen.

    The responding officer visited me in the hospital and said the old man was not at all remorseful and claimed I ran into his car on foot, however he interviewed witnesses which stated I was half way across the crosswalk when I was struck and there's damage to the drivers vehicle which is inconsistent with his story.

    Can anybody tell me what my chances of winning a lawsuit would be?

  2. #2
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    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting Hemispheres
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    Can anybody tell me what my chances of winning a lawsuit would be?
    The personal injury lawyer you consult is the best one to give you that. It's important to look at the actual admissible evidence you have and what the defendant has to offer, and I don't have all that here. Just going by what you said here, you'd have a very strong case for liability. Indeed, any time a car hits a pedestrian in a cross walk when the pedestrian has the walk signal the driver is going to be really hard pressed to provide an explanation that absolves him of liability. But as I've not seen what the defense will offer, I can't give you a precise idea of what to expect here.

    However, even if liability is clear, the amount of damages you might get is another matter. There isn't enough here to say what you might get out of the lawsuit. Certainly your medical bills and any wages from time lost from work are compensable and those are pretty easy to put numbers on. Other things like pain and suffering are harder to put a precise figure. Getting an attorney may help you get more out of this because the attorney will know how to maximize your damages. The issue for you will be whether the extra the attorney can get will be worth the fee you pay the lawyer. When damages are large it's easy to justify hiring a lawyer. Smaller cases though can be a harder call.

  3. #3
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    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting Hemispheres
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    Can anybody tell me what my chances of winning a lawsuit would be?
    Jeez, it happened today and you're already talking lawsuit?

    Presumably, the officer got the driver's insurance information and gave it to you.

    Call the man's insurance company and open a claim. See how that goes before you get all lawsuit happy.

    I should add, once you get your claim on record, you wait until you are FULLY recovered before you start talking money.

    Quote Quoting Hemispheres
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    Called a local firm that handles personal injury cases. An investigator called me back and said I have a case. Hell be sending me forms via email shortly.
    You have plenty of time to hire a lawyer. The lawyer gets a third of your settlement and he's not going to do anything until you fully recover and can quantify your damages. If your wounds heal in a month or two, it's going to be a small claim anyway and you might get a satisfactory settlement without sharing it. If not, then you hire an attorney.

  4. #4

    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Called a local firm that handles personal injury cases. An investigator called me back and said I have a case. Hell be sending me forms via email shortly.

  5. #5
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    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    I strongly suggest that you talk to other law firms before signing anything that resembles a retainer agreement. We have a law firm here in NJ that always says, "the worst accident may your selection of lawyers."

  6. #6

    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting budwad
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    I strongly suggest that you talk to other law firms before signing anything that resembles a retainer agreement. We have a law firm here in NJ that always says, "the worst accident may your selection of lawyers."
    I'm planning on phoning a few others tomorrow.

  7. #7
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    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting budwad
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    We have a law firm here in NJ that always says, "the worst accident may your selection of lawyers."
    I would like to hear how that law firm recommends interviewing personal injury lawyers to determine their effectiveness as lawyers? It is not like anyone would dare write a negative public review of a lawyer like we would a restaurant or a mechanic.

    Hemisphere, your case seems like a slam dunk since you had a 'walk sign' while crossing inside a crosswalk. The driver is more than likely liable and any level of personal injury lawyer would salivate to represent you, even the bum lawyers. However, you have a scar on your face now and THAT needs to be fully compensated for. That full compensation takes skill. Lost wages and medical bills are insignificant to that. Filing a claim and representing yourself would be foolish. The insurance company will lowball you since YOU cannot sue. Only a lawyer can threaten to do that...and the insurance company knows that.

    You are smart on lawyering up out of the gate. Do not talk to the insurance company at all, ever! Also know that the only folks who keep notes on the good lawyers vs. bad lawyers are the insurance companies. If the insurance company you are dealing with doesn't know your lawyer, insurance adjusters and lawyers know lawyers and employees from other insurance companies that can look up lawyers in their data base. So, I hope you get a good lawyer because I agree with bud's quote "the worst accident may be your selection of lawyers."

    Also, I hope you took photos of your open wound before it was stitched up. If your lawyer can show the insurance company those pics, they will know what gory evidence you could show a jury. It all matters in getting a fair settlement out of them. Oh, and nearly all lawyers will call themselves 'trial lawyers' because they have found themselves in a courtroom from time to time. But IMO, very few are good trial lawyers. Good luck on finding one.

  8. #8
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    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting Harold99
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    Also, I hope you took photos of your open wound before it was stitched up. If your lawyer can show the insurance company those pics, they will know what gory evidence you could show the jury.
    Gee, something I agree with you on.

    How about that. Even a broken clock is right twice a day.

  9. #9
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    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting adjusterjack
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    You have plenty of time to hire a lawyer. The lawyer gets a third of your settlement and he's not going to do anything until you fully recover and can quantify your damages. If your wounds heal in a month or two, it's going to be a small claim anyway and you might get a satisfactory settlement without sharing it. If not, then you hire an attorney.
    I highly disagree with this statement from a retired insurance claims adjuster. IOW, he's a bit biased in favor of insurance companies, not the injured.

    If you file a claim with the insurance company you will be required to go on record (be recorded) explaining your injuries and how the accident occurred. They will attempt to get you to incriminate yourself and minimize the injury. Any future attorney will not want to you to talk to them. Who cares if an attorney doesn't do much until you heal? Who cares if an attorney takes 33% of the compensation? They are worth it IMO.

    Fourteen stitches on a person's face is not a small claims case. Not even close. If you get headaches, loss of sleep, trauma, nightmares...it may be huge.

    The phone calls will likely start tomorrow morning. Do not talk to them about your injuries or the accident, ever! Your future lawyer will be very upset if you do. They may want to make you an offer right now, before you lawyer up, in exchange for your full description of the accident and injury. Don't fall for it.

  10. #10

    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    I didn't get any pictures of anything at the hospital as my eyes were swollen shut. The officer however did get a photo of me after being cleaned up and before the stitching occurred. Im assuming that my lawyer can get access to all of that.

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