Should I take legal action if a kidat school ran over my foot and ankle in parking lot?

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Should I take legal action if a kidat school ran over my foot and ankle in parking lot?

I was standing on the side toward the front of the car, after he ran me over he backed up then took off. my ankle and foot hurt pretty bad and there are tire marks on my shoe, tire burns on my leg, and my foot is probably fractured but I do not want to get medical attention because I can still walk on it. Should I take legal action on him and, if so, what would my claim be?

Asked on November 12, 2011 under Personal Injury, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The action would be based on negligence--careless driving. However, without seking medical attention, you can't sue:

1) First, you can only sue for an actual physical injury--not just because something "hurts." Without medical care, there is no evidence of any injury to sue for.

2) You can only sue for an amount related to the medical costs, lost wages, and the extent of injury or disability. Without any receipts, evidence of disability, etc., you can't attach a dollar value to your claim, and so can't recover any money.

On a non-legal note: I've had ankle injuries, and my wife and a friend have both had broken feet. Without medical care, these injuries can take a LONG time to resolve, and can leave permanent disability--you can't take them lightly. Bein able to walk, as we know from experience, does NOT prove there is no injury. See a doctor, to take care of yourself; then if you discovery injury and injury medical costs, that's the time to consider suing. Good luck.


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