Well, it depends honestly. OP certainly got fucked over if she was just walking home from school on the sidewalk like she says, either way she didn't deserve to be hit by a car - however an attorney will probably not take this pro-bono. They usually only do pro-bono cases if it's something the lawyer is passionate about, like a certain cause, or if it gets them or their firm a shitload of publicity.  Contingency, on the other hand, is alot more likely in this scenario. Most personal injury lawyers offer free consultations, and if they feel it's a good enough case with a high probability of a payout/settlement, then they'll take it on contingency. That means they won't take payment until after the damages are awarded. One attorney I used to work for would take 30%, of course that percentage goes up if they have to goto trial. Depending on the case and the lawyer, the rates will probably vary but 30% is standard where I'm from.  OP,  are you a minor? I only ask because you said school as opposed to "university" or "class", which usually refers to a college student. I'm just curious, but if you are a minor, talk to your parents if they haven't considered the legalities of this already.  As for damages, the goal in a personal injury case such as this is to make OP "whole" again, so to speak, not so much about rights. There's compensatory and punitive damages, punitive is alot harder to prove. She can definitely get compensatory though; seeing as she had to goto the hospital by ambulance, get tests done, bloodwork... all that stuff costs money and if she had no insurance and paid out of pocket for this, then if she sues and they settle, she'll be compensated. If her health insurance picked up the bill, then upon being awarded damages by the court, the insurance will take the money they paid out for OP's medical treatment directly from the settlement. Infact,  I've seen cases where a medical lien is actually placed on the expected value of a future damage award. Also, if OP had to take time off of work and lost money, that would fall under compensatory damages and she'd be entitled to ask for that as well.  As for "pain and suffering", that's punitive damages and they're not always guaranteed. However, since she was a pedestrian and was struck by a driver that apparently drove onto the sidewalk, she may have some luck. Depends on alot of things, like I said cases like this are very fact specific.. But it makes the drivers insurance company alot more likely to settle out, especially since going to court costs time and money they don't want to spend. For these types of damages,  when a case does settle, insurance companies often employ techniques like a "pain multiplier" in order to try to arrive at a fair and reasonable number for pain and suffering damages. This involves multiplying actual financial losses (medical bills, lost wages, etc) times a number that the insurer deems appropriate. This is why it's best for her to consult a personal injury lawyer and discuss the case.  Anyway, just figured I'd clear some of that up,  if OP so decides to take that route. I do hope you feel better, as that's an awfully shitty situation you're in,  but hey - atleast you're not fat! Fats will find any excuse to shove their face with reckless abandon, as we all know.  Now, I've got some fat hating to get back to! :)