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Pedestrian injured by drunk driver in parking lot

Virginia Beach, VA |

i was in parking lot, standing still next to a friends car, out of the way of traffic, close enough i could touch his car, a guy backing out of another space didnt stop and hit me, pinning me between the two vehicles, i fell to the ground, luckily no broken bones but i was bleeding and i have leg contusions, i was taken away by ambo. treatment has been pain meds and anti inflamatory medicine, i i want to settle this with insurance company, my bills are around $2500 plus 2 days lost pay around $400. first questions is what is a reasonable amount of this claim, 2nd what is the reasonable amount of punitive damages, the driver was arrested for dui on the scene, so was his drunk female passenger. the insurance company has allready accepted responsiblity, i have two eye witnesses

i have allready spoken to several attys and they all say the same thing, they dont have any idea what is worth, which i find to be impossible if you settle claims weekly, its not about fault, only about worth, i have allready establisted that with the ins company which is half of the work. if i hire atty it will only be about negotiating an amount and then giving them a 3rd. i need somone who specializes in punitive damages and can give me an idea what that is worth, i have gone thru this process before only to find out after i sign that oh your claim isnt worth that much, especially after atty gets me to rack up high medical bills. someone please offer me some serious advice

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Attorney answers 5


The value of your case is not cut and dried, including the amount of recovery for punitive damages. You want to settle this, but should consider that you might continue to have medical problems from being hit by a car and if you settle too quickly, you will never be fully compensated. Further, a personal injury attorney in Virginia would have experience in this area and know how to maximize what you receive. Do yourself a favor and obtain a free consultation from a local attorney as soon as possible.

Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


Without a lawyer, you would only get a tiny fraction of the true worth of the claim. Retain a personal injury lawyer today.


Do not try to handle this without consulting attorney. What you don't know can hurt you and there is no way for us to advise you on the value of your case. It is way too early and many factors to be considered.


I'm sure there are plenty of attorneys who would be happy to help you. Damages are not some magic number that attorneys pull out of a secret book that we all get a copy of once we pass the Bar exam. It's derived from experience and an application of the law to the facts of a case. It is not uncommon for three attorneys to give you three different evaluations, all with valid reasons for the discrepancies. You're not going to get any attorney to provide you a number without them fully evaluating your case. Secondly, if you want their help, you are going to have to enter into a fee agreement with them. That's the way the system works.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


You do need to retain an attorney, despite your previous poor experiences. The ones you have spoken to have advised correctly by stating that they do not yet know what the case is valued at. There are so many variables to consider and this is a moving target. For example, your total medical bills cannot be neatly assessed and summed within 24 hours of the accident.

This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.

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