QUESTION
Can I get monetary claim on my car accident injuries?
Asked on Mar 30th, 2013 on Personal Injury - South Carolina
More details to this question:
Quite simple I was involved in a car accident, it was not my fault by the way. This is my first car accident and hopefully my last. My question is I file a lawsuit on the other driver because ever since the accident I have been having pain in my legs, arm and sometimes I get dizzy the accident was on Feb. 28, 2013 and I still feel the pain… so is it possible that I can file and get compensated money wise? FYI: I have tricare insurance so would hat matter because I haven't been able to see a doc but I do have a scheduled appointment next week. Can I please get enlighten on what should be my next steps and what should I expect.
18 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
If your injuries meet the Michigan threshold of being a serious impairment of a body function, which effects your ability to lead your ordinary life, then you can make a claim. Insurers usually fight these claims rather vigorously unless it is clear your injuries meet the threshold. If you have had little medical treatment, you may have a problem showing you meet the threshold, as one of the "tests" is objective medical evidence of injury. Also, if little medical treatment, there will be the argument that the injuries couldn't be that serious. Consult local counsel that regularly handles these matters and get medical treatment asap if you are still experiencing problems you think are from the crash (not necessarily in that order).
Answered on Apr 02nd, 2013 at 3:20 PM
Insurance Defense Attorney serving San Bernardino, CA
at
Ricks & Wear, PLC
Update Your Profile
Of course you are entitled to compensation if you were injured in an accident which was not caused by you, or even if the accident was partially your fault. The amount of your damages is determined by adding your economic damages (cost of treatment, lost wages, etc.) to your non-economic damages (pain and suffering). A skilled lawyer will help you identify your economic damages and calculate your non-economic damages (an art).
Answered on Apr 02nd, 2013 at 3:20 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If the other party was clearly at fault you can claim. But it doesn't sound like you have much of an injury. if you have a real injury you should have gone to the ER. you should have followed up with proper medical care. for you to wait more than a month and then start claiming various health issues is a problem. The insurance company will not be buying your claim unless you have some very strong and convincing medical testimony.
Answered on Apr 02nd, 2013 at 3:19 PM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
You should see a lawyer.
Answered on Apr 02nd, 2013 at 3:19 PM
1 Award
First and foremost, you need to seek treatment for your injuries immediately. A one month gap in treatment can make your potential claim more difficult to pursue, but not impossible. You should contact a personal injury attorney in your area to determine what, if any, recourse you might have against the other driver and his insurance company.
Answered on Apr 02nd, 2013 at 3:19 PM
Personal Injury Attorney serving Atlanta, GA
at
Gregory S. Shurman, LLC
Update Your Profile
You should be seen by a doctor as soon as possible. Once you have a better understanding of your injuries, you can then make a better assessment of the value of your case.
Answered on Apr 02nd, 2013 at 3:18 PM
Every state has its own set of rules when it comes to requirements to make a claim. In Massachusetts, one must show that the other party was more than 50% at fault. In addition, one or more of the following must be met: medical bills over $2000, a fracture, scarring, or death. I suggest you contact a car accident attorney for a free consultation of your rights.
Answered on Apr 02nd, 2013 at 3:17 PM
Workers Compensation Law Attorney serving Sacramento, CA
at
Ernest Krause Attorney at Law
Update Your Profile
Get the earliest medical appointment you can and say the injuries resulted from the accident. Notify your insurer, of course. The other driver's insurer will probably offer you a too small amount to settle. Try to find an attorney to talk with.
Answered on Apr 02nd, 2013 at 5:32 AM
Personal Injury Attorney serving Los Angeles, CA
at
Law Office of Malosack Berjis
Update Your Profile
Before filing any kind of lawsuit, you have to report the claim to both your insurance carrier and that of the other driver. Also, if you retain an attorney, they likely will be able to get you in ASAP to see a doctor on a lien basis.
Answered on Apr 02nd, 2013 at 5:31 AM
Make an appointment with an attorney who handles personal injury cases. The sooner, the better. Then follow your counsel's advice.
Answered on Apr 02nd, 2013 at 5:30 AM
James Eugene Hasser
If you are going to make a claim for personal injury, you have to prove it. To do that, you have to go to the Dr. and the Dr. has to say what is wrong from the accident and how bad it is. The sooner you get to the Dr after the accident, the better. It makes it easier for the Dr. to say your injuries are caused by the wreck. It looks like you are on your way. Hopefully, you're not too far outside of the accident for the Dr. to back you up. Good luck.
Answered on Apr 02nd, 2013 at 5:30 AM
Insurance Defense Litigation Attorney serving Auburn, CA
at
Graves Law Offices
Update Your Profile
Yes, u have 2 years post accident to file suit, but you need to complete treatment for your injuries before can evaluate and make a demand.
Answered on Apr 02nd, 2013 at 5:29 AM
You should contact a personal injury attorney immediately. You need to be very careful what you say to anyone: doctors, hospitals, police, insurance investigators, claims adjusters, etc.
Answered on Apr 02nd, 2013 at 5:27 AM
Personal Injury Attorney serving Kansas City, MO
at
Nash & Franciskato Law Firm
Update Your Profile
MAke sure you treat with your primary health care physician and submit it to your insurance company. If the accident was the other driver's fault, then you are entitled to reasonable compensation for your medical bills, lost wages, an amount for any permanent injury you received and an amount for pain and suffering. I suggest you contact a personal injury lawyer immediately. Also, don't give a recorded statement to the other driver's insurance company.
Answered on Apr 02nd, 2013 at 5:25 AM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
at
The Ticktin Law Group
Update Your Profile
It depends on whether the other driver has either enough money or insurance to make it worth your effort. If he or she does have insurance, you should most definitely pursue a claim and get compensation for what you are going through, and what may be a problem going forward. The most important thing for you to do at this point is get to an orthopedic surgeon, a neurologist, or a chiropractor to see what can be done to cut down on the inflammation and pain. At the same time, the visit to that healthcare professional will start the record going which will show and be proof of a permanent condition, which Florida Statutes requires to be proved. I suggest that you contact an attorney which litigates personal injury claims, and make an appointment. Most decent Personal Injury firms do not charge anything for an appointment, and they will get you to a good healthcare provider who will listen to your complaints with some understanding. The doctors who the insurance companies hire are skeptical and think that no one gets hurt. Good luck with your efforts. I hope that this all works out for you.
Answered on Apr 02nd, 2013 at 5:24 AM
Monica Cecilia Castillo-Barraza
In California, you have two (2) years from the date of the injury to file a lawsuit for personal injuries.
Answered on Apr 02nd, 2013 at 5:23 AM
Workers Compensation Attorney serving Oakland, CA
at
Farber & Foote, LLP
Update Your Profile
You should go see your doctor and get better and if you are seeking compensation for the injuries contact a qualified personal injury attorney in your area.
Answered on Apr 02nd, 2013 at 5:23 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You can sue. You should get medical treatment as if you have no claim. Just follow whatever course of medical treatment you need to get better. Also, contact the other drivers insurer to let them know you will be filing a claim. They will contact you and want to take your statement and get medical records. You may want to contact an attorney to help you.
Answered on Apr 02nd, 2013 at 5:22 AM