Our office got a call the other day from a new client who was hit by a car. He didn’t have any broken bones. He’s a bit sore, his neck is bothering him, his back is bothering him, and he basically wanted to know, “Do I have a claim?” The answer is yes. He wanted to know, “Should I see a doctor?” This had just happened the day before, and we told the individual, “Look, you just got hit by a car, it may be a good idea to see a doctor and get checked out and see how you’re doing.” The short answer is, yes, you potentially do have a claim. It really will depend on your course of treatment, and we’ll have to see how you’re doing over the course of that treatment. You potentially will have a claim for pain and suffering, having gotten hit by a car, in New York City.
Pedestrian Accident in New York
Our office got a call from a client the other day who was struck by a motor vehicle. He was a pedestrian crossing the street and was within the pedestrian crosswalk. He had a green ‘walk’ sign, indicating he could begin to walk across the street. The vehicle was making a left turn, wasn’t paying attention, and struck him. The question was, “What do I do? I was hit by a car. Do I have a claim?” The first question we had for him was, “Were you injured?” His answer was, “Yes, I broke my arm.” Certainly, there’s an injury there, so the answer was yes.
We went forward and began the process of setting up a file and are prosecuting a claim against the operator of the vehicle and their insurance company for what we call pain and suffering, and also for the payment of the medical expenses under the no-fault provision of the policy.
Child Pedestrian Accident Rights
We just got a question from someone who wanted to know, as a parent, if she had a claim on behalf of her child who was struck by a motor vehicle in New York City. First, we said we were so sorry the child was struck by a motor vehicle and hoped he or she was doing okay. The answer to the question was, yes, you have a claim on behalf of the child, which you would pursue as a parent or guardian. You have what’s called a derivative claim, which you could very well have individually have, depending on the severity of the injury. That claim would be for medical bills, lost wages and companionship. There would certainly be a claim on behalf of the child for pain and suffering.
Also note that the medical bills in a car accident case— be it a pedestrian knock-down or a car accident where you were either driving or you were in a host vehicle— are covered by no-fault benefits. In this particular case, where the child was struck by a motor vehicle as a pedestrian, that vehicle would cover the medical expenses under what’s called the no-fault policy. The parents would certainly have a case of pain and suffering on behalf of the child as well.
Were you or a loved one severely injured after being hit by a vehicle in Florida and have questions about our 3 pedestrian accident tips? Contact the Law Offices of Brian J. Elbaum today for a free case evaluation.
