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

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?

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Attorney answers 5


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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


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.

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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.

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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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


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.

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