QUESTION
What exactly can I sue for I cannot start working due to no transportation, pain, and my mental state?
Asked on Apr 30th, 2013 on Personal Injury - Florida
More details to this question:
Yesterday I was stopped at a red light on a 2 lane road, approximately 15 cars back. I was stopped for about 5-8 seconds and then heard screeching brakes for 2 seconds and a jeep barrelled into the back of my car. I was the passenger and seem to be injured. I am seeing my doctor Thursday, as that’s the soonest they could get me in. I felt fine at the scene but it all got worse since getting home. I already spoke with my insurance’s medical adjuster and told her how much pain I was in and that I didn’t want to say anything else until seeing my doctor. I have been previously diagnosed with Major depressive disorder, and this accident has triggered an episode pretty badly. Today, I was told that I got a job somewhere that I applied at. The woman who hit me didn't even get a scuff on her jeep and my car may possibly be totalled.
14 ANSWERS
Yes, the other driver can be liability if you can satisfactorily prove by medical evidence that your pre-existing condition was worsen by the accident and that it caused you to be unable to work because of pain or depression but you have to be able to prove that the job existed and you cold have done it but for the accident. As to not having a vehicle, you are entitled to what it would cost to rent a similar vehicle for a reasonable period of time to repair your car or purchase a replacement.
Answered on May 07th, 2013 at 4:57 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes you can sue.
Answered on May 07th, 2013 at 4:57 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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You can sue to recover or be compensated for any property damage, loss of earnings, and any physical or mental injuries you may suffer as a result of the collision.
Answered on May 07th, 2013 at 4:57 PM
1 Award
You will be able to make claims for your car and for your personal injuries, including the depressive reaction to the accident, assuming you were physically injured in the accident. You should be sure to see your doctor as soon as possible so your doctor can diagnose your injuries and prescribe appropriate care for your injuries. If your health insurer pays for your medical care, the insurer may have a right to be reimbursed for those payments from your recovery. The time in which a case must be filed is three years from the date of the accident.
Answered on May 07th, 2013 at 4:56 PM
Yes you may recover for aggravation of a pre-existing condition i.e. depressive disorder.
Answered on May 07th, 2013 at 4:00 PM
James Eugene Hasser
If your Dr. will relate the depressive disorder to the accident, then yes. Otherwise, no. Good luck.
Answered on May 07th, 2013 at 3:38 PM
Ronald A. Steinberg
Your case is worth whatever you can prove to a jury that you lost as a result of the accident.
Answered on May 07th, 2013 at 3:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you have a good case but it will be difficult to prove. I have never had a case of depression that was exacerbated by a rear ender, you will have to convince your doctor and your doctor will have to convince the insurance adjuster and his/her manager. May be hard to do. Your wage and income loss needs to be detailed and proved as well and that also may be difficult. Get your doctor to say you need to be out of work for a time and get written proofs of the job offer ain't nothing easy in this insurance game. They make it hard and harder. Don't believe anything you see on TV about carriers taking care of folk. They cheat and abuse folk every day all day.
Answered on May 07th, 2013 at 3:07 PM
Thomas Edward Gates
Give up on the alleged depressive disorder. You do not even come close to meeting the high bar of proof needed to prevail. In addition, this "illness" more than likely will be treated as a preexisting injury and thus the insurance company has no exposure. You can take a bus or taxi to get to your job. Because you were not working at the time of the accident, you do not qualify for lost wages.
Answered on May 03rd, 2013 at 1:06 PM
This is the type of case you really need to hire an attorney to represent you. If your doctor provides testimony that the accident triggered a worsening of your mental state that is part of your compensable damages. It sounds like you have other injuries as well. Find an attorney right away.
Answered on May 03rd, 2013 at 1:06 PM
John Hone
Michigan is a No Fault state. What that means, is that your own insurance company is responsible for your medical care, lost wages, etc. First and foremost, you have to get medical treatment, which you are doing. You may have a physical injury, or an aggravation of your preexisiting depressive disorder. Unfortunately for Michigan citizens, many times your physician has no idea what is required for the patient to get no fault benefits. For that reason it is absolutely necessary to get involved with an attorney to assist in getting your benefits. Especially in your case where it appears to be a psych injury
Answered on May 03rd, 2013 at 1:05 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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The negligent party is responsible for all damages caused and that can be proven. You should get a letter or email from the new employer that confirms your job and hour inability to work causing you to lose it. You want to hire an attorney as soon as possible.
Answered on May 03rd, 2013 at 1:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you live in Michigan, your claims are going to be made against your insurance company for all of the various and resulting damages from the accident. I would suggest that you make an arrangement for alternate transportation while your car is in service or being replaced in order to be to take the job.
Answered on May 03rd, 2013 at 1:04 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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First, the law now says that you have to get medical care within 2 weeks of an accident or the PIP insurance on your car doesn't have to pay for it. In Florida, you cannot be compensated for non-economic damages unless you have suffered a permanent injury or a permanent impairment, or significant and permanent scarring. Whether you will be able to be compensated for your depressive disorder depends on whether your treating doctors for any of your injuries say you have suffered a permanent injury.
Answered on May 03rd, 2013 at 1:04 PM