Q: I was a pedestrian in a private parking lot (my employer and working) while I was struck by a vehicle
that was backing up. An officer came and cited me as the contributer to the accident. The driver that hit me did not get cited. I have injuries, can I file a claim against his insurance for pain and suffering and loss of some wages? Workers comp is involved as well
A:
Yes. If you need a good lawyer contact attorney Carl Jacobson in Charleston. Tell him I suggested you call.
In some states any wage loss on the policy will cover the 1/3 comp doesn't cover. However first see if there is video of the scene and ask for a copy--explain you got cited. Plead not guilty. The worse they can do is find you guilty.
A:
When you eventually retain an attorney for your claim against the driver, give them the contact information for your workers' comp attorney. The two attorneys will need to work together, such as in the satisfaction of the workers' comp lien at the end of the motor vehicle accident case. The attorneys meeting one another early in the process and keeping one another apprised of relevant developments could make for a smoother handling of your case. Good luck
Tim Akpinar
A: From your question is seems that workers compensation would be the appropriate resolution in this case. On the other hand if you believe that the person that hit you was at fault you may have a cause of action against that person. You would need to contact a personal injury attorney for them to evaluate your case.
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