I was recently hit by a car while traveling for work and fractured my thumb - should I sue for pain and suffering?

Asked over 1 year ago - New York, NY

I was recently hit by a car while traveling for work and fractured my thumb. My company is handling the insurance claims but I was also advised to file a third party action lawsuit for pain and suffering. I am in a cast now and will be for the next 6 weeks. The police report and witnesses all document the other driver at fault. The incident took place in Texas and I live in New York.
(1) Should I sue?
(2) How much would my claim be?
(3) Do I hire a lawyer in NY or TX?

Attorney answers (5)

  1. Craig A. Post

    Contributor Level 17

    7

    Lawyers agree

    Answered . Should you? That's a question only you can answer. Can you? Unless there are facts that would mitigate against it, there's really no reason you shouldn't at least contact a qualified attorney to discuss your options. As far as value is concerned, without knowing the liability situation or where you are in the healing process, it would be difficult to say. It's another reason to sit down with an attorney as soon as possible.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . Whether you should sue is a personal decision that only you can make. You can sue, and if you decide to do so you should consult with a Texas lawyer. While a New York lawyer could try to negotiate a settlement, if the claim can't be resolved, you would need a lawyer in Texas to commence and handle the action. Good luck with whatever you decide.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  3. Marco Caviglia

    Contributor Level 20

    5

    Lawyers agree

    Answered . Tempering the good advice of counsel responding to this question, how much compensation for pain and suffering do you think this injury is worth when a jury listens to it? And you will be asking an attorney to take the case on contingency.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. Michael R Crosner

    Contributor Level 20

    4

    Lawyers agree

    Answered . Immediately consult a Texas personal injury attorney - most offer free initial consultations. You can locate an attorney right here on AVVO using the tab "Find A Lawyer"

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Retain a TX personal injury lawyer, and the lawyer will explain the process to you. Personal injury lawyers take cases on a contingency fee basis, meaning they only get paid if they get you compensation.

Related Topics

Pain and suffering for personal injury

Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,991 answers this week

2,773 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,991 answers this week

2,773 attorneys answering