What steps should I take if I was hit my a car and recieved major injuries?

I was riding a bicycle from work home and was stuck by a van. I receved a broken femer bone, 2 shoulder seperations, a fractured pelvis and a fractured rib. What kid of a settlement can I expect?

Asked on March 19, 2012 under Personal Injury, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you haven't already done so, you should notify the at-fault party's insurance carrier of your personal injury claim.  If there was a police report of the accident, you should obtain it from the police department so that you can document that the driver was at fault. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault driver's insurance carrier(registered owner's insurance carrier if registered owner is someone other than the driver) should include your medical bills, medical reports and documentation of any wage loss.   Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the at-fault party.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

It is not possible to predict how much you will receive in a possible settlement because you haven't completed your medical treatment and therefore, your total medical bills are unknown at this time and you do not yet have your final medical reports which will be used to determine compensation for pain and suffering.


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