Expert: Anne - 12/5/2008

Question
Hello,

I was hit by a car during my lunch hour.  The person who hit me is at fault and my employer is covering everything under worker's comp.  The police came, I went to the emergency room, and the person who hit me left, however was chased down by witnesses.  She said she didn't feel me and the police didn't charge her with a hit and run only a vehicle code violation.  I was only on the job 5 weeks and have missed about 3 and 1/2 months of work now.
I was sent to a psychologist because my treating doctor was concerned of how I was feeling.  The psychologist diagnosed me with PTSD due to the accident.  I began working today only 4 hours on modified duty because I am not a 100% physically or emotionally.  My medical bills are near $9,000 and lost wages about $13,000.  I am getting temporary disability and does that count toward lost wages?  The at fault parties' adjuster calls me weekly and is eager to find out if I'm back at work.  I have stopped talking to them because it causes me lots of stress.  Can I do this?
Should I hire an attorney of do this myself with my employers help?

Thanks.

Answer
Hello Daniel

I am a strong believe that people should try to settle their own claims and save on attorneys fees when they can. You have a severe injury in my opinion and may issues that need to be evaluated by a professional. There are workers compensation issues, fault, loss wages, future income, and possible psychological injuries. I would be careful with what you say or do. Your disability payments should not count as wage loss, but every state differs on that. In your situation (pedestrian hit by a car), you really need legal help (this very fact can help you get a better settlement).  

The best thing to do here is to contact a good attorney. If you do not know one, visit:
http://www.auto-insurance-claim-advice.com/find-a-lawyer.html

They can help you find a good one near you. Again, there are a lot of intricacies in your question and really the best bet for you is to find legal advice as soon as possible.

I am sorry I cannot be of more help.
Good Luck
Anne.