San Jose, CA asked in Car Accidents for California

Q: I was a pedestrian crossing the street legally, when I was hit by a car. I was wondering how much should I ask for?

My superficial injury healed up from the accident, it was minor actually, impact on ankle. But I'm a hemophiliac and joint injuries never go away for us, they evolve and become chronic years from now, potentially. Should I even be settling? I really don't want to be drawn out in court but I will if I must. They've already offered me $5000 but I refused it but now I don't know how much to ask for...

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: It depends on your medical treatment, medical expenses, future medical treatment, your comparative fault, your permanent disability, the available insurance limits, etc. No one can tell you what your case might be worth without a lot more information.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: A pedestrian- auto encounter is never good for the pedestrian. Your question really points up the balancing between dealing with a long drawn out process in court and giving up your right to fully recover for future medical expenses that may or may not occur. Courts cannot award speculative damages, so unless you have a doctor that will state to a medical certainty that you will have future problems, you won't get money for speculation. But if there is a medical certainty that you will have future problems, you may be able to recover for it. You should go to a local attorney with your medical expenses (and a summary of them with a subtotal) and a copy of the police report, if any, and discuss your options. You will usually fare better with an attorney than without one.

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Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: If the injury could have disastrous consequences you need a lawyer and a medical expert to review your case.

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