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