What should I do if I was hit on campus by car that failed to yield at a crosswalk?

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What should I do if I was hit on campus by car that failed to yield at a crosswalk?

Approximately I was studying at a university and on a rainy night I was hit by a car while crossing a crosswalk, where the cars must always yield. They hit me at 35 mph and I was hospitalized for 3 days. I missed out on events and was unable to study. The accident happened about 2-3 weeks before final exams, significantly lowered my grades. I had to get continual therapy and couldn’t walk without crutches for over a month because I had a fracture in one legand severe muscle problems in the other. How do I get paid and by who? Will they pay for tuition? Should I speak with a personal injury attorney? In Essex County, NJ.

Asked on August 8, 2011 New Jersey

Answers:

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

Answered 10 years ago | Contributor

If there was a police report, you should obtain it.  Whether or not there was a police report, whcn you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills and medical report(s) and documentation of any wage loss.  Your personal injury claim consisting of the medical bills, wage loss, and medical report(s) should be filed with the auto insurance company of the driver who hit you.  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 injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the driver who hit you.  If the case is NOT settled, 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.

You asked about payment for tuition.  You would have to prove that your auto accident injury caused you to lose funds for tuition.  Are you claiming that you had to repeat courses due to not doing well on finals because your auto accident injuries interfered with study time?  Are you claiming that you had to drop classes due to your auto accident injuries and lost tuition?  If the answer to the first question is yes, it is possible to recover tuition but may be difficult to prove.  If the answer to the second question is yes, it is possible to recover lost tuition.

It would be advisable to speak with a personal injury attorney.

 


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