Legal Question in Personal Injury in United States

I was stopped at a red light and rear ended, I have lower back pain and severe headaches, i also hit my head on something and slashed my lip/chin an inch deep, she was at fault and in insured, do I have any legal recourse for my pain.

the Emer reluctanly did an xray on my back they much rather say that it was the back board, but I still feel a throbbing pain.


Asked on 12/21/10, 1:54 pm

13 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

When you are in such a car accident it is essential that you do several things:

(1) Promptly seek and continue ongoing medical care with no gap in treatment.

(2) Hire a lawyer immediately.

(3) Do not talk at all with the other driver's insurer as your doing so will dramatically reduce or eliminate the chances for recovery.

If you are in or near metro Atlanta, feel free to call my office. In a rear end collision, you may be entitled, depending on the facts, to recover your actual medical bills plus additional amounts for pain and suffering.

Delays in medical care or legal representation will almost certainly negatively affect your case (and possibly your health).

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Answered on 12/26/10, 8:28 pm
Steven Kuhn Steven Kuhn

The other answer is correct. Continue with your medical care. The type of injuries you sustained should be treated by a orthopedic surgeon.

Make sure you take photographs of the damage to your car.

Do not give a recorded or signed statement to the other party's insurance company.

Retain an experienced personal injury attorney in your area.

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Answered on 12/26/10, 8:37 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

For some reason this question was sent to us California lawyers, if the accident happened in Southern California give a holler (and Mr. Ashman's advice is still good).

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Answered on 12/26/10, 8:37 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 12/26/10, 11:46 pm
Dan Kirby Law Office of Dan Kirby

I agree with all of the other lawyers's responses. If the accident occurred in Texas, please give me a call so we can make sure you are on the right track to full compensation of all your damages. My number is (713) 681-1300.

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Answered on 12/27/10, 3:46 am
David Green Law Offices of Christopher F. Earley

I also recieved this question. If the accident was in Massachusetts, please contact me, if you would like help. A motor vehicle accident can be difficult for people to deal with insurance compaines, but is somehing that I do every day.

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Answered on 12/27/10, 4:29 am
Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Glen is correct as to his response regarding getting medical treatment if it is accident related. The doctors or hospitals would need to identify the relationship of the injury to the accident. Yes I think you should hire an attorney to act as you agent. Do not sign any documents the defendant or its insurance company might give you without an attorney reviewing it first.

If this is a Massachusetts issue feel free to contact my office

Maurice LaRiviere, Jr

200 Merrimack Street, Suite 202D

Haverhill, Ma 01830

tel 978-373-4044

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Answered on 12/27/10, 6:03 am
Ryan Fisher Lowe Eklund Wakefield Co. LPA

As the only attorney responding to your question to practice in Ohio I can tell you that all the responses given above also apply in Ohio. If you have any questions or need futher advice please feel free to contact me. My firm and I practice all over the state.

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Answered on 12/27/10, 6:43 am
Jason Waechter Law Office of Jason Waechter

This accident happened in the state of Michigan and therefore the Michigan no-fault law applies.

The at fault driver or his insurance company is responsible for paying your deductible up to $500, that's as to the collision damage to your vehicle.

You are entitled to no-fault benefits, provided you are not the owner an uninsured driver of a car. All your medical bills will be paid (and sometimes your health insurance pays first) 85% of your lost wages, up to $20 a day for household chores and mileage money to and from the doctors.

The Michigan no-fault law is very fact specific so therefore called my office. 248-355-4701. This is what we do; is all we do. We have three offices and my mate one is close to you in Southfield Michigan

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Answered on 12/27/10, 6:57 am
John Wunsch Law Offices John C. Wunsch, P.C.

Dear Sirs,

Please call our office should you wish to speak with an attorney.

We have practiced in this area of the law for nearly thirty (30) years.

All best,

John C. Wunsch, P.C.

Law Offices

(312) 977-9900

[email protected]

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Answered on 12/27/10, 10:39 am
Michael Zerres Blume Forte Fried Zerres & Molinari

Thank you for your inquiry. It is imperative that you seek medical attention in an effort to have your condition diagnosed and treated. If you've sustained an injury which can be verified by medical diagnosis, you may be able to pursue your potential claim. This firm has handled thousands of motor vehicle accident related claims. Please click on my name below for our firm's contact information in New Jersey; and call me or any of our attorneys to discuss your potential claim. If this accident occurred outside of New Jersey, also feel free to call us, as we work with an extensive nationwide network of qualified attorneys who may be able to assist you. I look forward to speaking with you; and we will assist you in whatever way we can.

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Answered on 12/28/10, 5:33 am
Pasquale Calcagno Calcagno & Associates, PLLC

You certainly have legal recourse for your pain. You have to prove two elements in a car accident case. 1) liability (who is at fault) and 2) damages (your injuries). In a rear end accident (bar some unusual set of facts) liability is clear as against the vehicle that hit you in the rear. As for damages, we must prove with medical documentation that you have sustained serious injuries and those injuries were caused by the accident.

Contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York. No fee unless we win your case.

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Answered on 12/28/10, 10:31 am
Robert Johnston Law Offices of Robert J. Johnston

Wow. You sure got a lot of answers. Yes, you have recourse.

Robert Johnston

843-946-0099

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Answered on 12/30/10, 8:13 pm


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