QUESTION
Can I sue if I need surgery because of a crash?
Asked on Jun 29th, 2015 on Personal Injury - Wisconsin
More details to this question:
What can I do now in terms of suing? On December 14, a man who was not paying attention struck my vehicle from behind. I will have to have surgery to alleviate the pain in my neck and back now. My insurance is paying for my pain medication right now, but can I sue him for this?
13 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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That would be a yes.
Answered on Aug 27th, 2015 at 7:07 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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So long as the other driver's negligence was greater than yours (and in rear-ender accidents this is not too hard to determine)then you can sue him for a number of things. Consult a skilled personal injury lawyer who can question you closely and perhaps investigate: such people can locate grounds for damages that are not usually known among lay people.
Answered on Jun 30th, 2015 at 10:34 AM
Ronald A. Steinberg
Of course!! Get a lawyer.
Answered on Jun 30th, 2015 at 8:53 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes. This sounds like a good case, there should be plenty of lawyers interested. Do not even think of trying to handle this on your own. Interview several lawyers to see who you think suits yoo the best.
Answered on Jun 30th, 2015 at 7:05 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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It appears from your post that you need future medical care and is currently unrepresented. It is important for you to seek legal counsel so that you can obtain appropriate value for the case. .You will need to file a lawsuit within two years from the date of your injury.
Answered on Jun 30th, 2015 at 4:12 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan, it would be your own vehicle insurer that would pay your wage loss, medical treatment expenses and people providing replacement services. There can be deductibles or offsets for your insurer to claim, depending on exactly what coverage you purchased. You should read your declaration sheet to determine this and/or speak to your agent and/or claims rep. and/or legal counsel you retain. These benefits are available from your vehicle insurer without regard to fault, thus the name Michigan No Fault. You may sue the any at fault (yes, here fault does apply) parties that caused your collision by proving they were at fault and that they caused a serious impairment of a body function and/or permanent serious disfigurement (or death). So the answer is "yes", you can sue if you can prove the above requirements (which it sounds like you can from the facts you state in your question). To know more, you would want to consult a local lawyer that regularly handles these type of cases.
Answered on Jun 29th, 2015 at 9:21 PM
James Eugene Hasser
Yes, you can sue. You have 2 years from the accident. Consider consulting an experienced injury lawyer.
Answered on Jun 29th, 2015 at 9:20 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It sounds like you have a case, but it would be helpful to go over all of the facts of your case. The other man's insurance should be liable for your expenses and pain and suffering, as well as loss of income. Do you have a copy of the police report? Thank you for your email.
Answered on Jun 29th, 2015 at 9:15 PM
Sure, why could you not sue him for all the damages you suffered? ?Speak to several local personal injury attorneys to see which one you like the most.
Answered on Jun 29th, 2015 at 8:56 PM
Edwin K. Niles
Yes, you should interview several injury lawyers; they will give you a free conference.
Answered on Jun 29th, 2015 at 8:52 PM
Generally, you may sue up to 2 years from the date of your collision. You should seek the advice of an experienced personal injury attorney.
Answered on Jun 29th, 2015 at 5:10 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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We are sorry to learn you were seriously injured and require surgery. If the injuries were caused by the negligence of another person, you should consult an experienced personal injury lawyer to discuss your rights.
Answered on Jun 29th, 2015 at 4:59 PM
1 Award
Yes. You have a good case. Assuming the driver who hit you had liability insurance, you can collect from his automobile liability insurance company. If he did not have automobile insurance, you can be compensated by your automobile uninsured motorist coverage. If the other driver did not have adequate liability insurance to fully compensate you, you can make a claim against your own automobile insurance company under the uninsured motorist coverage.
Answered on Jun 29th, 2015 at 4:51 PM