QUESTION
Do I have the right to sue for an injury that is not permanent from a car accident?
Asked on Aug 16th, 2013 on Personal Injury - Oregon
More details to this question:
I was in an accident. A construction truck was merging onto a state highway. I was in the left lane and when he merged onto the highway he cut right across all 3 lanes without looking and causing me to rear end him. The police report states he was at complete fault failing to yield. I had glass in my eyes causing corneal abrasions. But no permanent damage. That was the only injury I received. I was told by an attorney I did not have a law suit. They stated in NY state unless there is permanent damage. My car was totaled out. I am having a hard time driving out of fear. I almost had a full blown panic attack the two times I did try to get behind the wheel.
7 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't know NY law but I doubt that it is true what you said about permanency Get at least one more opinion of a NY lawyer.
Answered on Aug 19th, 2013 at 8:10 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You must show what is defined as a "serious injury" according to statute. There is a complicated set of rules as to that definition, but the way I boil it down is to say that if you are dead, that's serious. So is a broken bone, permanent disfiguring scar or miscarriage. The two categories that give us the most work are: 1) a total disability that lasts 90 days or 2) a partial disability that is permanent. Feel free to get a second or third opinion from a lawyer in your area. Sometimes the right twist can bring about a recovery in a marginal case.
Answered on Aug 19th, 2013 at 8:00 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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In California, you can seek damages due to an accident for harms that you suffered which are not permanent.
Answered on Aug 19th, 2013 at 7:40 PM
Ronald A. Steinberg
Talk to an eye doctor about the risk of cataracts or corneal problems.
Answered on Aug 19th, 2013 at 7:12 PM
Personal Injury Attorney serving Mission Viejo, CA
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Law Firm of Rivers J. Morrell III
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In California, you can sue, even if there is no permanent injury. If the scratches resolved themselves, shortly after the incident, you may have a difficult time finding an attorney to handle your case, if the effect of the injury was minimal, and your medical bills are minimal. If that is the case, you might try small claims court.
Answered on Aug 19th, 2013 at 6:55 PM
Physically you describe what we call a "soft tissue injury", but it appears you may have PTSD, post traumatic stress disorder. I don't practice in NY so I can't say what the law requires there for personal injury, but here in Iowa you would have a case. You might consider seeing another lawyer or even trying to negotiate on your own. But first go get treatment for PTSD. Good luck.
Answered on Aug 19th, 2013 at 6:53 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Your injuries do not have to be permanent to sue in Oregon.
Answered on Aug 19th, 2013 at 6:46 PM