Can I sue for pain and suffering? 21 Answers as of January 13, 2016

Other driver at fault and received a ticket and has a court date. I was taken to the hospital for a full evaluation x-ray and so forth.

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S. Joseph Schramm | Joseph Schramm
You might be able to sue for pain and suffering if you have full tort coverage on your insurance. How much you might receive would depend on how badly you were hurt as the result of the negligence of the driver who struck your car. If you do not carry full tort coverage you would have to show that the injuries you received were serious enough to impair an organ system in your body (hear, lungs cardiovascular, broken ribs with punctured lungs). Absent that, you would probably be precluded from asking for pain and suffering.
Answer Applies to: Pennsylvania
Replied: 1/13/2016
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
Yes, if you have a serious injury as defined by the law. Consult an attorney.
Answer Applies to: New York
Replied: 1/13/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If you have suffered as a result of another person's negligence, you can sue for many kinds of loss, including pain and suffering. A skilled lawyer can identify grounds for damages with which a lay person is not likely to be familiar. Good Luck.
Answer Applies to: Wisconsin
Replied: 1/12/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, you should see a lawyer who specializes in injury cases ASAP.
Answer Applies to: California
Replied: 1/11/2016
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Yes you can. You should have counsel for the best outcome. The Insurance company will likely offer something nominal and the attorney will give you guidance on how to build your best case.
Answer Applies to: Connecticut
Replied: 1/11/2016
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, you can sue for pain and suffering due to an auto accident if 1) the accident was the fault of the other party (at least more than 50%), 2) you got injured directly as a result of the accident, and 3) if your injuries were substantial enough that you could prove you suffered a "serious impairment of body function, or serious permanent disfigurement, or death." If the injury does not qualify, you might get a couple of bucks to just go away, or you might end up with nothing at all.
    Answer Applies to: Michigan
    Replied: 1/11/2016
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You could recover for all of your damages.
    Answer Applies to: Alabama
    Replied: 1/11/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Potentially yes, depending on the extent of your injuries.
    Answer Applies to: Michigan
    Replied: 1/11/2016
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes, of course you can. You should hire an attorney to protect you.
    Answer Applies to: California
    Replied: 1/11/2016
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Michigan law requires you suffer a "serious impairment of a body function" in order to qualify to sue for pain and suffering. You'd best collect your medical records and test results and consult with local counsel that regularly handles auto crash cases to determine whether the medical "proofs" would show that you have a qualifying "threshold" injury.
    Answer Applies to: Michigan
    Replied: 1/11/2016
    Stephens Gourley & Bywater | David A. Stephens
    Yes.
    Answer Applies to: Nevada
    Replied: 1/11/2016
    Gates' Law, PLLC | Thomas E. Gates
    It depends upon the extent of your injuries. Limited pain and suffering, limited damages.
    Answer Applies to: Washington
    Replied: 1/11/2016
    Ty Wilson Law | Ty Wilson
    In order to sue someone for negligence you must prove 4 things. Duty; Breach; Causation; Damages. In your example, it appears another driver violated the rules of the road and by doing they they breached their duty to follow the rules of the road, because of this other driver breaching their duty, they caused you to go to the hospital. Your hospital bills will be your damages. So, yes, you have a claim. Now as far as pain and suffering you are entitled to it but you want to complete your treatment so you know the full extent of your injuries. If you had one visit to the hospital, your pain and suffering is far less than if you treated over an extended period of time in an effort to recover from a car wreck that did not allow you to work, etc. Surgery versus non-surgery and many, many other factors go in to determining the value of your pain and suffering. Reaching out to a Georgia personal injury attorney will help you determine a value based upon the specifics of your claim. Good luck.
    Answer Applies to: Georgia
    Replied: 1/11/2016
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, if you were injured in the accident, you can sue for pain and suffering.
    Answer Applies to: Alabama
    Replied: 1/11/2016
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Yes, you can file a lawsuit for both your economic and non-economic damages.
    Answer Applies to: Oregon
    Replied: 1/11/2016
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    Yes, from what you wrote on your question, you have a case for pain and suffering.
    Answer Applies to: Utah
    Replied: 1/11/2016
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    You are entitled to sue for your economic and non-economic damages that you have suffered as a result of the car accident - click here for a detailed overview of damages. But as you describe the current situation, it appears that the at-fault driver has a court date in traffic court.
    Answer Applies to: Colorado
    Replied: 1/11/2016
    Morrin Law Office
    Morrin Law Office | Robert A. Morrin
    You may be able to sue for pain and suffering if you reach $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death. Obviously death doesn't apply to you but these limitations to sue exist unless you have filed a rejection form. You may be interested in knowing that the Insurance Research Council found that those with attorneys representing them received 3.5X more money in their claim as did those similarly injured but who decided to represent themselves.
    Answer Applies to: Kentucky
    Replied: 1/11/2016
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    In order to answer your question about pain and suffering, it would be helpful to know all of the facts concerning your accident as well as the results of the tests that were taken at the hospital. Also, did you miss any time from work? Thank you for your email.
    Answer Applies to: Illinois
    Replied: 1/11/2016
    Correll Law Firm, PLC
    Correll Law Firm, PLC | Beau Correll
    Yes.
    Answer Applies to: Virginia
    Replied: 1/11/2016
    End, Hierseman & Crain, LLC | J. Michael End
    As long as the accident did not take place more than three years ago, you may make a claim against the other driver's automobile liability insurer. If the other driver did not have automobile insurance, you can make a claim against your automobile insurer under the uninsured motorist coverage.
    Answer Applies to: Wisconsin
    Replied: 1/11/2016
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