QUESTION
I was rear ended and have a sprained back is it worth it to sue? How?
Asked on Jun 16th, 2013 on Personal Injury - California
More details to this question:
I was stopped at a light and the guy behind me rear end me he admitted fault and said he was looking at his phone. I did not feel any pain at the time of the crash because I was too worried about my 9 month old baby girl she was fine the next day I could not get up I had a lot of pain in my back I could not hold my baby. That was a week ago and I can hardly bend down and I cannot hold my baby girl on my left side hand I can’t do house hold things like dishes and washing clothes because I can’t stand for too long and it hurts to bend down and go up stairs to my room. Is it worth it to sue?
18 ANSWERS
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Only if you are injuries require more than $3000 to care for or if you are left with a permanent impairment. Make sure that you obtain conservative I but adequate medical care and do everything to get completely healed. If at the point you have done all you can to get better your problems require more than $3000 in medical expenses or you are left with a permanent impairment then you can sue.
Answered on Jun 18th, 2013 at 12:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Go to a doctor and get proper care, then go to a PI lawyer and let him help you
Answered on Jun 18th, 2013 at 9:02 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the No Fault Law requires those who claim pain and suffering against at fault drivers/owners to show that they have certain "threshold" injuries, including a serious impairment of a body function. You have 3 years to file a tort claim against the at fault owner/driver, so you would want to get medical care and testing (which will be paid for by your own car insurer) to determine the nature and extent of your injuries. Only then could an attorney advise you if you had a potentially viable claim. If your injuries are short-lived, Michigan law does not allow a claim.
Answered on Jun 17th, 2013 at 4:51 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you should contact my office immediately to discuss your situation further. Hiring a lawyer to handle your case does not automatically mean that you will be suing the other party. Most cases simply involve filing a claim with the other person's insurance company and following-up with the adjuster. Suit is not typically filed unless there is an issue of liability, low settlement offers, length of time of the ongoing case, etc. Based on your continued complaints and symptoms, you need to see a doctor as soon as possible to be evaluated.
Answered on Jun 17th, 2013 at 4:42 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Making a claim for your injures is not the same thing as suing. Most cases settle without a lawsuit. My suggestion is you talk with an attorney and not to the at fault driver's insurance company.
Answered on Jun 17th, 2013 at 4:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you're in Michigan, this is a no-fault state and the place for you to make your claims is against your own insurance policy.
Answered on Jun 17th, 2013 at 4:23 PM
Ronald A. Steinberg
It is too soon to tell. You need to have a complete medical workup from a competent doctor to determine what is wrong, what caused it, and for how long will it last. Then a competent lawyer can figure out what the claim is worth. At that point, it becomes a business decision as to whether or not it is worth filing suit.
Answered on Jun 17th, 2013 at 4:23 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You can sue, however if you proceed properly, you may be able to settle with the carrier without suing. You should consult with an attorney to see what your rights are. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers. Recently CNN's Anderson Cooper conducted an undercover investigation into these tactics. If you have any doubt that you will require the aid of an attorney to resolve your claim and or to be compensated adequately for your damages, we ask that you take a few minutes and review these four links below, in the order they appear. If you are unable to click on the link, please cut and paste them on your browser and then watch them.
Answered on Jun 17th, 2013 at 4:21 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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It sounds like you have a case although only an experienced personal injury attorney can estimate your damages, consult one at your very next opportunity.
Answered on Jun 17th, 2013 at 4:20 PM
NA richard@jandjlaw.com
You make a claim against the other drivers insurer first. You need to see a doctor. You probably need some treatment. Try to settle your claim after you're done with treatment. There is no rush. The limitation of action statute in WA is three years from the injury date.
Answered on Jun 17th, 2013 at 4:20 PM
James Eugene Hasser
Go to a Dr. and find out what's wrong, pronto. If it looks like it's something serious, consider talking to a personal injury lawyer.
Answered on Jun 17th, 2013 at 4:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't tell about these things. First, you are covered by no-fault, so get a hold of your insurance comapany, get the necessary paperwork done and get appropriate medical treatment. Lawsuit or no lawsuit, you need to know what your medical condition is. For all you know, it is just a sprain and in a few weeks, you will be fine. But what if it's more serious than that? What if you don't get better? What if you have injured a disk, or have nerve damage? If you have a "serious injury" as that term is defined by law, then you can sue. But first and foremost, get to a doctor so you will know what you've got. This is why they call it "no-fault". You are covered. Your rates should not go up because of this.
Answered on Jun 17th, 2013 at 4:19 PM
1 Award
I think the first thing you need to do is see a doctor to determine what your problem is. You will be compensated for all of your medical expenses, all of your lost wages, and for your pain and suffering. You will need a doctor to determine what your injuries are, and whether they will probably last a long time, or not.
Answered on Jun 17th, 2013 at 4:18 PM
It depends how serious your injuries are.
Answered on Jun 17th, 2013 at 4:16 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, you cannot collect for non-economic damages (pain & suffering) unless you have sustained either a permanent injury or a permanent impairment as a result of the injuries you sustained in the accident. If your treating doctor is not willing to give the opinion that you were permanently injured in the accident, the insurance company may offer you some small amount just to settle your case and clear the books, as they say.
Answered on Jun 17th, 2013 at 2:14 PM
It is probably worth a claim against the at fault driver and his insurance company. Also, you should get medical attention immediately. The other side should pay for it. Don't settle until you know that you are fully recovered.
Answered on Jun 17th, 2013 at 2:14 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Jun 17th, 2013 at 2:12 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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First, go see a doctor to deal with your symptoms. Second, hire an attorney to protect your rights and to get the full value of your case. If you are in California, feel free to call me at 818.780.7337.
Answered on Jun 17th, 2013 at 2:12 PM