Auto Insurance Claims: pedestriain hit by car., traffic infraction, compensation carrier

Question
Hello,

I was hit by a car as I was walking back to work from lunch.  It happened on our hospital property and the hospital is covering everything under workers comp.  The lady who hit me is also an employee and left the scene.  She reversed quickly, struck me, and knocked me to the ground.  She than left the scene and two witnesses chased her down.  When she returned, she said she did not feel or hear anything.  I went to the emergency room and that is where the police came to see me.  He told me it was her fault and that she violated a vehicle code.  I have been off of work for about 13 weeks.  My medical bills are near $9,ooo and lost wages about $12,000.  I am getting better and returning to work this week at modified duty and only 4 hours per day.  I have been diagnosed with PTSD and depression due to this accident.  I am confused on what to do next?
Is this considered a hit and run, although it's not marked on the police report?
Should I hire an attorney because I am not feeling well emotionally?
Should I try and negotiate with the at fault party's insurance?
This accident has affected my life so much.  I was only on the job for 5 weeks and got laid off from my other job due to this accident.

Thanks

Answer
Daniel,

The legal issue of whether its considered a hit and run is really one for the police. It seems they investigated the matter and while the person may have received a citation for a "vehicle code" (which may be some traffic infraction such as careless driving or improper backing), the police did not deem it to be a hit and run situation. Also, it seems the driver may have in good faith, at least arguably, not known they hit you.

You can seek a private attorney to obtain compensation over and above Workers Compensation benefits, particularly if you sustained physical injuries of a permanent nature. Generally, the workers compensation carrier would expect to get paid back or claim a "lien" on your settlement. The specific attorney you contact would be best suited to discuss your injuries and claim in more detail (you listed PSTD and Depression which are generally considered emotional injuries) before giving you their opinion on whether to try and negotiate directly with the insurance company. However, your actual monetary damages seem pretty high and you may want attorney involvement.

Marc B. Nussbaum, Esquire