Am I entitled any compensation for my pain and suffering because of an accident?

Question

I was rear-ended on June 26, 2012 while I was making a left turn. It wrecked my car. I received whiplash. It is now September 10, 2012 my neck is not getting better. I am still having headaches at the base of my skull which none of this existed with me before this accident. I am frustrated because I was laid off from my job and this injury is keeping me from being able to look for work.

Gregory Crain · Answer

Yes.

Steven A. Schwartz · Answer

You may have a claim for pain and suffering.  In order to be eligible, you will need at least $2000 in medical bills.

Jerrie Weiss · Answer

You need to contact an attorney or file suit yourself against the driver of the car who rear ended you.

Jeffery Robinette · Answer

In a typical auto injury case, the injured person is entitled to pursue compensation for their past and future pain andsuffering, past and future medical bills, past and future lost wages, and theirloss of enjoyment of life.  Contact a personal injury lawyer today for a free consultation to evaluate whether you have a case.

Ronald A. Steinberg · Answer

Why don't you consult with an experienced lawyer.  It also sounds like you need a competent doctor as well.  Your medical bills should be paid by your own auto insurance company under the No Fault First Party Benefits portion of the policy.  You are entitled to medical mileage, and if you can prove you are disabled, you should be able to get lost wages.  If your injuries can be proven as causing you a "serious impairment of body function," then you can sue the other driver for your pain and suffering.

Raphael Hedwat · Answer

You can be compensated for pain and suffering, current medical bills, estimated future medical bills, and other out-of-pockets costs.  An experienced personal injury will be able to make sure that your claim includes all items that are compensable under current California law.  Pain and suffering is cerainly one that is compensable resulting from a personal injury.

Steven Urban · Answer

Yes.  You generally are entitled to recover for medical and other  expenses, pain and suffering, lost earning capacity, mental anguish,  impairment and disfigurement.

Jared Altman · Answer

You may have a case. Look for a personal injury attorney.

Richard Damon · Answer

Yes, any damage you have suffered as a result of the accident and injury is compensable.

Thomas Edward Gates · Answer

Yes, but you better have seen a doctor to document your injury.  Failing to have done so this far out hurts your case.

Steven D. Dunnings · Answer

Soft tissue injuries (whiplash) generally do not constitute a serious impairment of bodily function objectively manifested (i.e. evidenced by x-rays, CAT scans, MRI) it is a subjective complaint not recoverable under the No=Fault law.

Roxanne Eberle · Answer

The at fault driver is responsible for your medical bills, and your pain and suffering. However, to be appropriately compensated, you need to obtain appropriate medical care, etc. A qualified personal injury attorney may help you get on the right track.

John Brennan · Answer

File with your insurance company a claim for medical costs and work loss.

Ronald Lowry · Answer

You need to hire a Personal Injury lawyer immediately. Also, injuries like what you described often are more serious than simply "whiplash." You need to be checked over thoroughly to be certain you do not have a ruptured disc or broken vertebra in your neck or back. One of my clients had a broken vertebra which was not discovered for several months. The delay in treatment caused her additional problems.

James Kelaher · Answer

In Florida, you can only make a claim for pain and suffering if you suffered a permanent injury, a permanent impairment, or significant and permanent scarring. Unless you were cut in the accident and now have a scar, you will need an opinion from your treating doctor that your injuries are permanent. Then and only then can you make a claim for pain & suffering.

Jeffrey Lapin · Answer

Yes you are entitled to compensation for your pain and suffering because of the injuries you sustained in your accident. You are also entitled to money for other things resulting from the accident including: the nature and extent of the injury; whether an injury is temporary or permanent; lost wages; inconvenience and/or loss of enjoyment of life. If an injury is permanent, you may be entitled to additional money for any or all of these items as applicable. If you can prove that, but for the accident, you have a job then you would be entitled to lost wages although how to calculate what the lost wage amount may be difficult as you do not know what you would have been paid at the job.  If you have questions you may want to consult with a personal injury attorney. Most offer a free initial consultation so it will not cost you anything to learn about your rights and options.

Kevin Habberfield · Answer

It's very possible. You need to have a "serious injury" as defined by NY Ins Law sec. 5102. Treat with a doctor and get better. Go see a personal injury attorney in your area. Stay away from the guys that advertise on tv.

Jules D'Alessandro · Answer

Yes, you are entitled to compensation for pain and suffering, medical bills, lost wages and possibly lost future wages or ability to earn and permanent partial disability.  All of these items can be very difficult to determine, which is why you need to have a lawyer to do it.  In your case, hopefully you have been treating with a doctor since the accident.  If you haven't will be extremely difficult to prove that all of your damages arise out of the motor vehicle accident.

Matthew Kaplan · Answer

Yes you are if you had insurance.

Paul Whitfield · Answer

The answer is of course. Get a good personal injury lawyer in your community. I assume you are seeing a doctor. No one will take your claims seriously unless you have medical testimony to back up your claims.

Eric Rothstein · Answer

Have been receiving medical treatment? In order to receive compensation for pain and suffering due to a motor vehicle accident you need to show you suffered a "serious injury" as that term is define by the Insurance Law.

Dean Esposito · Answer

Yes, you are entitled to pain and suffering and payment of your medical expenses. If you missed time from work due to your injuries you are also entitled to lost wages.

Timothy Klisz · Answer

Yes, you might have two different claims here in Michigan.

John Turck · Answer

Yes.  You probably have a first-party claim for benefits to make, and you may also have a viable third-party claim against the negligent driver.

Ronald J. Resmini · Answer

Yes, you certainly are able to be compensated as a result of the accident. Has the insurance company accepted liability from the accident? Are you seeking treatment for your injuries? If not, you should be.  This is tax free  money to you if you should reach a settlement. Lastly, If you don't have an attorney at the present time, you certainly should consider.

Pejman Javaheri · Answer

The prudent course of action would be to contact a personal injury law office and they would be able to make a determination based on the facts, if the other driver  was at fault and if your injuries were caused by the accident.  If so,  then you may be able to bring a claim on a contingency basis which means that the firm would not charge you a fee unless they secure you a settlement.

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Am I entitled any compensation for my pain and suffering because of an accident?

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