Legal Question in Personal Injury in Pennsylvania

Rear end collision

I was in a rear end collision on 02/09/2009 I never had back problems ever,I even wear a back support when I work,That being said, the doctor sent me for a MRI and there are problems like anterior-superior endplate of L2 small avulsion fracture,and a annular tear in the annulus at L5-S1,But here is my question I have limited tort on my car ins. before I hire a personal injury lawyer do I have a chance at sueing the person that rear ended me or is this a lost case the other ins company already amited fault and totled my SUV without the police report and there are paying my lost wages,but they don't pay them untill I return back to work,and now the mental side of it is how I'm I going to live with only one income (WIFE), In my line for work (mechanic) I need to have my body in great shape,the doctor is sending me to a optho. doctor and possible going for PT,I not looking to gain out of this I just want my life back to the way it was before the accident.


Asked on 2/21/09, 11:02 pm

9 Answers from Attorneys

Richard Senker Senker Law Office

Re: Rear end collision

You have 2 things to consider: 1. The fact that you bought limited tort insurance does not mean that you definitely won't be able to get the money you deserve for your injuries. There are several "exceptions" to limited tort. One of those exceptions is if you have a serious injury. Based on your description of your injuries, it sounds to me like you have a serious injury. 2. It won't cost you any money to hire an experienced personal injury lawyer b/c that lawyer will work on a contingent fee basis--he'll get paid a percentage of the money he gets for you and if he doesn't get any money for you, you won't owe him a fee! (I've been representing injured victims for 30 years!). You should find an experienced personal injury attorney that you feel comfortable working with so he can guide you to get medical treatment from doctors that will help develop the proof you'll need to convince the "bad guy's" insurance company that you do have a serious injury. Please check out my website (www.autocrash.biz) and call me if you want to discuss this. Thank you. Richard Senker

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Answered on 2/22/09, 9:11 am
Mark Strauss Law Offices Of Mark R. Strauss, Esq.

Re: Rear end collision

You should absolutely consult an attorney. We handle limited tort cases all the time. Many attorneys will not touch them due to the increased difficulty or lack of their own understanding. Your injuries appear to be of the type that will get over the requirements of limited tort. Additionally, there are certain proofs which the insurance company must make before you should ever concede that you are limited tort. I hope that helps.

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Answered on 2/22/09, 9:14 am
James Monaghan Law Office of James V. Monaghan

Re: Rear end collision

Your choice of limited tort only precludes you from being compensated for your injuries if they are not "serious." The injuries which you describe appear to be serious. The fact that you are out of work as a mechanic is evidence that your injuries have seriously impacted your life. This is one factor in deciding if your injuries are serious enough to overcome the limited tort threshold. I would be happy to schedule a free consultation to further discuss this with you.

Please call.

Jim

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Answered on 2/22/09, 10:40 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Rear end collision

I'm sorry you were injured. The prior responses you received are correct. In addition, if you are unable to work you may have lost wage coverage on your own auto ins policy which will help you in the short term. You should consult with an experienced injury lawyer before making any contact with the other driver's ins co & making a final decision. I have been handling cases like yours for over 25 years, so please contact me if you would like to discuss. Good luck!

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Answered on 2/22/09, 11:47 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Rear end collision

Simply put, you should talk to an attorney as soon as possible. My partner Jeff Wong I see responded to your inquiry. He focuses his practice on cases such as yours. Definitely give him a call to discuss your options and your recovery.

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Answered on 2/22/09, 12:04 pm
Solomon Weinstein Solomon Weinstein, Esquire

Re: Rear end collision

The information you have received from all the attorneys is excellent and you should listen to them an consult with an attorney immediately to properly evaluate your case and see that you are appropriately taken care of. If you need further information feel free to contact my office.

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Answered on 2/22/09, 12:06 pm
Scott Diamond DIAMONDLAWYER

Re: Rear end collision

My firm handles 100's of limted. Tort cases a year. It is difficult to explain all the details in an e mail. Just call me free of chsrge and I will explain all the details. Do not let the striking vehixle dsriver get away qwith hurting you.

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Answered on 3/01/09, 10:24 pm
Jeff Wong Cevallos & Wong LLP

Re: Rear end collision

By selecting limited tort, you've saved some money on your car insurance, but made your chances to get back what you've lost much tougher. Limited tort prevents certain compensation unless you suffer death; disfigurement or a serious bodily injury.

But all is not lost, there are many ways to beat a limited tort defense. Whether it is finding a technical exception, or structuring the facts of your case in such a way that the insurance company takes it seriously, a personal injury attorney can help you receive compensation. Perhaps more importantly, an attorney can tell you what to expect in the claims process, and help ease the worries associated with a bad car accident.

Feel free to give me a call if you would like to discuss.

Jeff

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Answered on 2/21/09, 11:11 pm
Paul Stacom Law Office of Paul J. Stacom

Re: Rear end collision

It does not hurt to retain or consult with a attorney, as such cases are handled on a contingency basis and you pay nothing out of pocket. There may be some exceptions that apply to your case that exist in limited tort cases. I would need more info. I have handled a number of limted tort cases wth good results. Please contact me for a free consultation.

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Answered on 2/21/09, 11:21 pm


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