"pain and suffering"

[curb1]

Oregon. "Pain and suffering", how does a person put a dollar figure. I walked out of front door of WalMart, waited for car to pass and then stepped between passing car and next car,looking toward where my car was parked. Didn't realize they were hooked to gether with a tow strap. Went head first onto pavement, caught myself before hitting head. I am 88 years old in otherwise good health. Broke hand, hurt foot making it difficult walking and also trouble breating because of rib area bruising.

I have been out of commission for three weeks and $6,100 doctor bill which is being paid by my insurance. Insurance company for driver(s) of vehicles have offered $300 for my intense pain and suffering. I stiil bowl in a league, haven't been able. Missed grandchild's birthday, church etc.

The insurance company (actually same as mine) is not showing much interest. What to do now?? They contacted me about settlement amount. I told them about $4,000, but is difficult to place a dollar amount for what happened. They acted real irritated that I would ask that amount. Would appreciate any suggestions.

 

[seniorjudge]

Oregon. "Pain and suffering", how does a person put a dollar figure. I walked out of front door of WalMart, waited for car to pass and then stepped between passing car and next car,looking toward where my car was parked. Didn't realize they were hooked to gether with a tow strap. Went head first onto pavement, caught myself before hitting head. I am 88 years old in otherwise good health. Broke hand, hurt foot making it difficult walking and also trouble breating because of rib area bruising.

I have been out of commission for three weeks and $6,100 doctor bill which is being paid by my insurance. Insurance company for driver(s) of vehicles have offered $300 for my intense pain and suffering. I stiil bowl in a league, haven't been able. Missed grandchild's birthday, church etc.

The insurance company (actually same as mine) is not showing much interest. What to do now?? They contacted me about settlement amount. I told them about $4,000, but is difficult to place a dollar amount for what happened. They acted real irritated that I would ask that amount. Would appreciate any suggestions.

You didn't mention any permanent and major damage. Do you have any?

 

[shell007]

"Pain and suffering", how does a person put a dollar figure. I walked out of front door of WalMart, waited for car to pass and then stepped between passing car and next car,looking toward where my car was parked. Didn't realize they were hooked to gether with a tow strap. Went head first onto pavement, caught myself before hitting head. I am 88 years old in otherwise good health. Broke hand, hurt foot making it difficult walking and also trouble breating because of rib area bruising.

How long was the "tow strap"?
How much distance was between the two cars?

It sounds to me like you pretty much "stepped right into traffic" thinking you could "make it across", but obviously didn't.

I'm surprised that they offered anything at all! BUT since THEY DID....

Only YOU can judge the dollar amount of your pain and suffering!

I hope you are doing better.

 

[curb1]

Strap was about 30 feet long. This happened within 15 feet of walking out of front of WalMart front door. Marked pedestrian area. Couldn't see or expect that cars would be hooked together with tow strap.

 

[shell007]

Strap was about 30 feet long. This happened within 15 feet of walking out of front of WalMart front door. Marked pedestrian area. Couldn't see or expect that cars would be hooked together with tow strap.

After hearing that responce...I completely agree.

This is just a shot in the dark, but if I were you...I would take the total of your actual medical expenses/damages and multiply it times 3.

Best wishes to you!!

Added: By the way....My "pap" is 86-years-old and would have absolutely "no clue" how to turn on a computer, let alone use one. All my respects to you!

 

[curb1]

This was in the private WalMart parking lot, not the street. No permanent damage to me hopefully. Broken hand and considerable bruising and pain. Everyone around thought drivers should not have been towing right in front of building.

 

[fireboat1]

I need to respond with applause.I'm sorry I have nothing to give you advice wise,but I'm so happy to see your well enough to get on the computer,seek help,drive and shop at Walmart.Please keep it up.I'm going to show this to my parents ,whom sit and do nothing ,yet 10 yrs. younger and complain their old. God Bless You.

 

[shortbus]

I walked out of front door of WalMart, waited for car to pass and then stepped between passing car and next car,looking toward where my car was parked. Didn't realize they were hooked to gether with a tow strap.

While your injuries are regrettable, a flaw in your case is proving the negligence of the driver. If the tow strap was illegal, that's one thing. But if you just didn't see it, that's another.

 

[curb1]

So you see this as equal fault? It seems negligent to be towing a vehicle right in front of a WalMart front door without any warning flags or even someone walking along side. This was in a clearly marked area for pedestrian traffic. The driver immediately jumped out of the vehicle saying it was all his fault. I actually didn't hear it because for 15 minutes I was incoherent. I guess it was lucky it wasn't a mother with a baby in her arms or something similar.

 

[seniorjudge]

While your injuries are regrettable, a flaw in your case is proving the negligence of the driver. If the tow strap was illegal, that's one thing. But if you just didn't see it, that's another.

Even if it was illegal does not mean it that the people were negligent.

 

[curb1]

seniorjudge,
Perhaps I am wrong (wouldn't be the first time). It just seems negligent to be towing a vehicle past the front of a busy store without taking more precaution. How does a person show negligence? Perhaps I just deal with the situation and work myself through this. Should I just drop this and go on? There is not much more to it than I mentioned.

 

[seniorjudge]

seniorjudge,
Perhaps I am wrong (wouldn't be the first time). It just seems negligent to be towing a vehicle past the front of a busy store without taking more precaution. How does a person show negligence? Perhaps I just deal with the situation and work myself through this. Should I just drop this and go on? There is not much more to it than I mentioned.

You may very well be correct. The people doing the towing do not appear to be bright under even the most loose definition of the word.

It's just that with no permanent injuries, you are going to be hard pressed to get any dough for pain and suffering.

 

[curb1]

Thank you everyone, for your thoughts. I guess I should just get on with my life, when I can. I live alone, but have family to help. My bowling partners will just have to be patient. I guess I asked because, the situation just didn't seem right.

 

[shell007]

Thank you everyone, for your thoughts. I guess I should just get on with my life, when I can. I live alone, but have family to help. My bowling partners will just have to be patient. I guess I asked because, the situation just didn't seem right.

WOW!! FINALLY...A good person who is just willing to accept things as they come!

88-years-old and STILL GOING STRONG!

You can't beat that!

Good luck to you Sir!!

 

[ecmst12]

If you were in a marked pedestrian area, seems to me that the fact that the guy hit you proves he was being negligent. A 30 foot long tow strap??? Through a parking lot??? Insane.

I think you should figure out your medical expenses times 3 as suggested, and tell them that's what you want. If they say no, hire an attorney. Bones don't heal in older people the way they do in young folk, your hand might not ever be 100% the way it was before, I think you should stand up for your rights. It sounds like the insurance company is trying to take advantage of you with that ridiculous offer.