QUESTION
If you were in a car accident and have been diagnosed with chronic neck pain what are you entitled to?
Asked on Oct 15th, 2012 on Personal Injury - Kansas
More details to this question:
I was in car accident last April and I went to hospital multiple times for the accident had x-rays mir's and cat-scans and endure physical therapy and everything I have lost wages from two jobs and went to a specialist and was diagnosed to chronic neck pain. What am I entitled to?
15 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Each case is different and its value is based on its particular facts. There is no magic formula to determine what a case is worth. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained in a car accident. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; your lost wages; and pain, suffering and inconvenience. If an injury is permanent, you may be entitled to additional money for these items. Although I cannot give you an amount, as you do not provide that in your Question, you would be entitled to money for your medical expenses (hospital, doctors, MRI, CT-Scans; physical therapy; etc.), your lost wages, from both jobs, as well as an amount for pain, suffering and inconvenience . If you neck injury is permanent you would be entitled to additional money. You may want to talk to a personal injury attorney about your case. Most offer a free consultation so it will not cost you anything to learn more about your rights and possible values of your case.
Answered on Oct 24th, 2012 at 3:40 PM
You are entitled to money to pay your medical bills, your lost wages, any future lost wages, and money for pain and suffering from your injuries.
Answered on Oct 19th, 2012 at 6:11 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
You should contact an attorney who can guide you through the nuances of dealing with the insurance company to maximize your recovery in this case.
Answered on Oct 18th, 2012 at 2:39 PM
Steven D. Dunnings
Your insurance company, if you had auto insurance coverage, is responsible for your medical (assuming you are in Michigan). In so far as pain and suffering, hire an attorney.
Answered on Oct 18th, 2012 at 11:24 AM
If you can prove that the accident caused the chronic neck pain, then you would be entitled to make a claim against the person who caused the accident (and thereby their insurance carrier) for your medical bills, lost wages, property damage and pain and suffering. CAVEAT, if you did not have auto insurance at the time of the accident (and you were driving the car you were in which was hit) then you would not be entitled to non-economic damages, i.e. pain and suffering.
Answered on Oct 17th, 2012 at 9:18 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Unfortunately, I would need a lot more information to provide you with a value on your case. Settlement values like injuries are very unique and are tailored to the facts of each specific case.
Answered on Oct 17th, 2012 at 7:35 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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What you are entitled to and what you will be offered with be drastically different if you are unrepresented and is dependent on a multitude of factors, including the total amount of medical bills incurred in your treatment, current symptoms and prognosis and jurisdiction where case will be filed. Other factors include the severity of impact and how good a witness you make on your own behalf.
Answered on Oct 17th, 2012 at 3:02 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You're not entitled to anything. You have to prove your damages. If the other party is at fault, and you are not at fault, you might recover your medical bills, your wage loss, and something for pain and suffering.
Answered on Oct 17th, 2012 at 2:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No easy answer. The first question is: what is your problem. Chronic neck pain is not a very clear diagnosis. What is causing the pain? What can be done about it? surgery? Physical therapy? What? What is the total of your medical bills? will there be future bills (probably) what is your wage loss? Multiply your bills times 6, 8 or 10 (DEPENDING ON WHAT THE DR SAYS AND WHETHER IT IS PERMANENT) ADD YOUR CONFIRMED WAGE LOSS AND MAKE A DEMAND. ASK FOR THE MOON. ALL THEY CAN SAY IS NO.
Answered on Oct 17th, 2012 at 2:51 PM
Trial Practice Attorney serving San Diego, CA
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Bagula, Riviere, Coates and Associates, LLP
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Yes, you can make a claim for medical costs, lost wages and pain and suffering.
Answered on Oct 16th, 2012 at 3:59 PM
Ronald A. Steinberg
Under Michigan law, your car accident has 2 parts: Part 1 is the "no fault" part of the Michigan No Fault Law. That is, that your own insurance company is obligated to pay your accident related medical bills for life. It is obligated to pay the following for the period of your disability or for 3 years, whichever comes first: medical mileage, lost wages, household replacement services. Part 2 is the "pain and suffering" part of the law. In order to collect anything from the other driver/owner, you must establish that you suffered a serious impairment of body function, or a serious, permanent disfigurement, or death. It does not matter if you hurt. It does not matter if you go to the doctor or take pain pills. It only matters if your injuries can be objectively detected by the doctor, and if they prevent you from enjoying your usual quality of life. It is like being pregnant-all or none.
Answered on Oct 16th, 2012 at 3:59 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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You are not entitled to anything. The question is what can you prove you have lost as a result of the other person's negligence. Start with the medical bills and property damage. Can you prove your treatment is reasonable and related to this crash? Can you prove more likely than not that you missed work and lost wages because of your injuries from the crash? Pain, suffering and inconvenience are things that can also be compensated for if you can show that you have suffered them.
Answered on Oct 16th, 2012 at 3:58 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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A party injured through another's actions or failure to act is entitled to recover all damages that are foreseeably caused by the act or failure to act.
Answered on Oct 16th, 2012 at 3:56 PM
Personal Injury Attorney serving Century City, CA
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MI ABOGADO
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You should contact a Personal Injury Law Firm to get a complete evaluation of your case. Chronic neck pain is a serious condition.
Answered on Oct 16th, 2012 at 2:58 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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I suggest that you consult with an attorney to discuss the specific details of your accident, injuries and treatment to ensure that you are fairly compensated.
Answered on Oct 16th, 2012 at 2:57 PM