Legal Question in Personal Injury in Massachusetts

I was involved in a motor vehicle accident. I was stopped at a red light and someone hit me from behind. My neck and back are hurt and i am currently in PT. 10 years ago i was also involved in a motor vehicle accident where i substained bad neck injuries as well. Can i sue if my neck was reinjured? Is there a simple formula to follow to calculate what i should be suing for? ex: medical + pain/suffering + lost wages.... My medical bills are currently at 2500.

Asked on 9/04/09, 11:45 pm

5 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Yes, you may sue for exaccerbation of a prior injury.

You should consult an attorney immediately and confide only in that attorney. Good Luck!

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Answered on 9/10/09, 12:07 am

Christopher Earley Law Office of Christopher Earley

Yes, you can make a claim. There really is no such thing as a simple formula. Acutally, it is very hard to even attempt to put a value on your claim without knowing more, i.e., did you lost time from work, how significant is the injury, etc.? I would be happy to provide a free consultation if you would like to talk out your options. Thanks.

Chris Earley

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Answered on 9/10/09, 7:09 am
Christopher Vaughn-Martel Charles River Law Partners, LLC.

I strongly recommend that you retain the services of an attorney. In my experience, an insurance company will not take you seriously until they know you are ready and able to take your case all the way to trial and prove each element of your claim, including damages.

There is no such thing as a simple formula. They will simply pay you as little as they have to in order to make you go away.

I would be happy to discuss your case with you if you would like to schedule a consultation.

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Answered on 9/10/09, 7:35 am

If you are not an attorney you are severely overmatched by a professional claims department which has tremendous accumulated experience of what claims are worth. This is the sort of situation where savvy people would bring a professional on board with significant experience. Even an experienced lawyer would not give you an opinion of value without reviewing the police report, interviewing you and reading the medical records and understanding if you have lost wages, the likelihood there is permanency, whether there is medical evidence to connect your claimed symptoms with car accident. There are intangible factors like whether you have criminal convictions or previous claims, whether the defendant motorist is likeable or was intoxicated. Any answer a lawyer would give you about value is only as good as the amount of information reviewed and considered. With less information you would only get a rough estimate, perhaps that is all you want. With more information you could get an opinion that is something more certain than a wild guess. Good luck. Probably best to retain an experienced attorney. You would not treat your own illness if you don't have a medical degree, I don't know why you would want to deal with a legal issue without turning to someone who does this for a living. Regards, JBS

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Answered on 9/10/09, 8:53 am

Yes you can sue-I agree that you should retain an attorney.

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Answered on 9/10/09, 10:50 am

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