QUESTION

Can I sue if a car backed into me causing me to fall on my grocery cart hurting my knee and back?

Asked on Nov 19th, 2012 on Personal Injury - California
More details to this question:
I was at the grocery store where there is limited parking, so my husband went to get the car while I waited for him. He parked the car in front of the store real quick while I put our 2 bags and a box of groceries away in less than a minute. Next thing I know while I'm about to take the cart back a women backed out of her parking with such force that she backed into my back knocked me down onto the shopping cart hurting my knee and back. She literally backed into my back to the point of the first thing I said while getting up was "OMG my back" Now I cant even do the simple things like carry my 2 year old. I got all of her insurance information. I even got the witness information.
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2 ANSWERS

The short answer is yes. You need to get the insurance information for the car that backed up so you can make a claim. In addition you will need to submit medical records and bills to establish that you are injured.
Answered on Nov 21st, 2012 at 6:41 AM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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The short answer is yes, you can sue. When someone injures you through negligence (want of ordinary care), you may sue the person for such things as medical bills, medication, lost work, pain and suffering, and costs of suit (not attorney fees). The person may have insurance to cover the harm, but you do not sue the insurance company. The defendant will notify the insurer and possibly the insurer will end up paying the claim. If you sue and win, all you will get is money. That's the only way for the defendant to compensate you, the plaintiff. Most cases settle before they get to trial, once it is clear whether the plaintiff has a good case and how much it's worth. No one can make you settle your case, but if a settlement offer is made, it's wise to consider it carefully before deciding. You may sue yourself or you may hire a personal injury attorney to sue for you. Often the attorney will take the case on a contingent fee, meaning he or she gets a percentage of the money recovered, rather than charging by the hour. Either way, the agreement must be in writing. You ought to consult with at least one personal injury attorney to get the specific advice about your case. Take with you all relevant documents, including medical bills and photographs, along with a list of witnesses and a chronology of events. It would be a good idea to keep a diary to document how the injuries affect you, what hurts and when, how much work time is lost, etc. This answer is based on very limited information and cannot be considered specific legal advice.
Answered on Nov 20th, 2012 at 2:03 PM

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