I cannot answer whether you do have a case for injuries you sustained in your car accident without more information. You would have a case if you can prove that you were injured in the car accident. You can prove that you were injured by having your doctors issue opinions that you were injured as well as comparing your medical records and MRI from before and after the accident. The at-fault driver in the car accident is responsible for: an new injuries you sustained; aggravation of a pre-existing but asymptomatic condition you have; aggravation of any pre-existing condition you have and you can prove how your condition or pain is different after the accident; and finally, if your doctors are unable to determine what is pre-existing and what is new. I would suggest talking to a personal injury attorney about your accident. Most personal injury attorneys offer a free initial consultation so it will not cost you anything to learn about your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Nov 02nd, 2012 at 12:57 AM