Legal Question in Personal Injury in Washington

Pedestrian Hit by Car

My husband was crossing street, in a crosswalk, with the light and was hit by a SUV that ran over and stopped on his right foot. He got 5 broken bones in his foot, crush injury to foot, severe sprain to his right wrist, hurt neck and shoulder from falling after hit. He missed 2 weeks of work, wore a boot for a month, couldn't drive for 2 months, left work for many physical therapy appointments for his foot, wrist, and shoulder. He has pain that worsens through the day, his right foot is a size wider now, he can't sleep well when he turns on his right shoulder.

What is the settlement one should expect from this? We don't know if we should sign what they are saying should be the settlement.

The driver was given a citation at the scene and my husband was taken by ambulance to the hospital.

thank you

Asked on 9/09/08, 4:04 pm

4 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Pedestrian Hit by Car

That is such a shame. I hope your husband is feeling better. After going through the pain and suffering of this injury, you are now getting probably getting low-balled by the insurance company. We should talk this over to see if you are getting a fair offer or if we can get more for you. Call or e-mail for free. Best wishes in your recovery.

At your service,

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Answered on 9/10/08, 6:32 pm
Ryan Nute Myers & Company, P.L.L.C.

Re: Pedestrian Hit by Car

Please do not sign anything without consulting an attorney. Your husband has a serious personal injury case. Based on what you've said it could be worth $100,000 or more. You should make the best informed decision possible before resolving any part of your claim. We have handled crosswalk cases and would be happy to speak with you or your husband.


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Answered on 9/09/08, 4:25 pm
Christopher Davis Davis Law Group, P.S.

Re: Pedestrian Hit by Car

The value of this claim could be well into the six-figures. I just settled a similar pedestrian-vehicle accident for $200,000. However, to obtain such a high settlement requires specific work up and a knowledge of the law and how insurance companies operate. There is no guarantee and each case depends on its own facts. Your husband should consult with a lawyer given the severity of injuries involved. I have authored a book that I offer free to Washington accident victims. This book can answer many of the common questions I receive and how victims can best protect themselves when dealing with an insurance company. Please visit Or if you wish to speak to me for free, please call my office. Regardless of what your husband decides to do, I wish him luck on his claim and also a speedy recovery.

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Answered on 9/09/08, 4:36 pm
Sam Hochberg Sam Hochberg & Associates

Re: Pedestrian Hit by Car

The answer to your question depends on SO many variables (to name a few: Wage loss amount? Medical bills total? Future wage loss? Future medical cost? Future pain and suffering?) that it would be legal malpractice for me to give you a number.

You're really at the mercy of people who don't have your husband's best interests at heart if you deal with the insurer without a lawyer, particularly with a significant injury. You could also easily LOSE some or all of your settlement if it's handled incorrectly, for example on such issues as subrogation (reimbursement of medical bills to certain payors) or your own underinsured motorist coverage.

Hire a personal injury lawyer who knows what they're doing, and the chances are very high that you'll end up ahead of the game, compared with doing it alone.

Good luck to you,

-- Sam

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Answered on 9/09/08, 5:08 pm

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