Injury compensation

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Injury compensation

I was injured on a airport to hotel shuttle bus, after I boarded the bus I was in the process of sitting down before I had a chance to be seated the driver stomped the accelerator causing me to reach backwards to grasp a seat head rest as I attempted to maintain from being thrown to the floor or worse my face into a seat head rest. I have torn a muscle in my arm, I had bleeding from the torn muscle that has risen under the skin surface. A doctor has placed me on light duty, can’t do my job. I will be seeing an orthopedic doctor. Soon to see if I will require surgery. The injury is very painful and I can’t work. The shuttle company does not return my calls. What recourse do I have, if any?

Asked on June 16, 2017 under Personal Injury, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may be able to sue for lost wages (if any), your out of pocket medical costs, and possibly some amount for "pain and suffering" if this has been--as it seems to be--causing significant disability or life impairment for some length of time. To win, you would need to prove that it was negligent, or careless, to stomp the accelerator before making sure all passengers were secure; and also that this caused your injury. Based on what you write, you appear to have a reasonably good chance of doing this. 
You would most likely sue the shuttle bus company and also the driver invovled personally.
Lawsuits like this can be expensive to bring, because when bodily injury is involved, you need a medical expert (e.g. a doctor) to testify and generally write a report, too, and as you can imagine, doctors do not work cheap. You may wish to wait until you see if you need surgery: if you do, that will presumably increase your costs, you time on light duty and/or out of work, and the time you experience impairment; if you do need surgery, a lawsuit may very well be worthwhile, but if you don't, it may be more trouble than it's worth. See what the doctor evaluating you says, then consult with a personal injury attorney--many such lawyers provide a free initial consultation to evaluate a case, and you can confirm this before making an appointment.


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