Legal Question in Personal Injury in North Carolina

I was walking out of walmart pushing a cart in the cross walk. A car didn't yield and the car hit the buggy and the force knocked me to the ground on my left hip. The pain was awful. I though I had a broken hip. I was taken to the ER by ambulance. I had a hip contusion and a strain knee. It was on Saturday morning so Saturday and Sunday and Monday I was laid up. I missed work that Monday. I was sore and hurting for at least 2 weeks. I had to sit on a pillow for a week. How do I figure up pain and suffering. HELP!!!

Asked on 4/11/19, 3:33 pm

2 Answers from Attorneys

John Kirby Law Offices of John M. Kirby

Pain and suffering is always subjective and difficult to evaluate. The driver's insurance probably has a general rule they use in this situation. It does not sound as if there was any medical treatment other than the EMS and ER visit. Most insurance companies don't pay too much for pain and suffering unless there is more medical treatment (i.e. beyond the date of the incident) (even if in fact there is a lot of pain and suffering). You are also entitled to compensation for the missed day of work. Without any medical treatment, most people in this State do well to get $1,000 to $2,000 for pain and suffering. (Some insurance companies call this a "treat and release" claim.) Of course, if the injuries are more serious and require more medical treatment, or if they result in a documented permanent injury, then it's a more serious claim. Being hit as a pedestrian is a factor toward a slightly higher settlement.

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Answered on 4/11/19, 3:59 pm
Kimberly Bishop The Bishop Law Firm

Very sorry to hear this happened to you! You can read my firm's article on pain and suffering in NC personal injury cases here:

Hope you feel better soon!

Kimberly Bishop

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Answered on 4/11/19, 4:07 pm

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