Legal Question in Personal Injury in Pennsylvania

auto accident

I was rear ended by a painting co van while sitting in traffic in my company when I pulled over the other driver took off and I had to follow him about 1 1/2 mile before he stopped when the driver got out of the van he said '' I don't have a license I lost due to DUI'' I went to the the Co dr and they said I had whiplash my neck and back are still bothering me but the dr said i am ready to go back to work but i can't even pick up my 3yr old son without tears coming to my eyes. So my ? is can I sue the other Co or the driver and can i stay off work and be cover or am I out of luck?


Asked on 10/08/04, 10:50 am

4 Answers from Attorneys

Jerry Meyers Meyers Evans & Associates, LLC

Re: auto accident

You do not indicate the area of Pa in which you live and work. The seelection of an attorney in this kind of a matter is more wisely made if the lawyer regularly practices in the area where the potential litigation should be filed.

The facts you present are somewhat limited. Nevertheless if your company Doctor has released you to work you should return to work unless you have another physician's advise to the contrary. Envenso, you will need a workers compensation lawyer to advise and protect your interests.

You also have likely a very good case against the driver and his employer but your selection in your own cverage - limited tort,etc, may make a difference.

Please feel free to consult Paul Giuffre in my office 888 817-5745 for further information.

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Answered on 10/11/04, 12:43 pm
Scott Diamond DIAMONDLAWYER

Re: auto accident

you can sue the other driver and there are certain rules with workers comp and returning to work A lawyer needs to work that out but basically you have to try

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Answered on 10/08/04, 12:00 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: auto accident

You have 2 issues- worker's comp & suing the other driver. 1-worker's comp- this becomes very complicated-you need an experienced worker's comp atty to RV this with you. 2-claim against the other driver- yes you have a good case. My office handles worker's comp and auto claims cases. Please feel free to contact me to discuss. There's no fee for a brief discussion.

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Answered on 10/08/04, 12:15 pm
Michael Mullen Fine & Staud

Re: auto accident

You have a claim for both workers' compensation and a claim against the other driver. Did you report this accident to your employer? If not, you need to do so. Then, we can file a claim and you may be placed out of work based on the extent of your injuries and the job specifications. As for the claim against the driver, it sounds like you have a great claim against him. He may be a commercial driver which entitles you to full tort coverage. Please contact my office, and I will be very pleased to help.

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Answered on 10/08/04, 2:28 pm


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