Can I sue if I need surgery because of a crash? 21 Answers as of August 27, 2015

What can I do now in terms of suing? On December 14, a man who was not paying attention struck my vehicle from behind. I will have to have surgery to alleviate the pain in my neck and back now. My insurance is paying for my pain medication right now, but can I sue him for this?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
So long as the other driver's negligence was greater than yours (and in rear-ender accidents this is not too hard to determine)then you can sue him for a number of things. Consult a skilled personal injury lawyer who can question you closely and perhaps investigate: such people can locate grounds for damages that are not usually known among lay people.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Of course!! Get a lawyer.
Answer Applies to: Michigan
Replied: 6/30/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Yes. This sounds like a good case, there should be plenty of lawyers interested. Do not even think of trying to handle this on your own. Interview several lawyers to see who you think suits yoo the best.
Answer Applies to: New York
Replied: 6/30/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
It appears from your post that you need future medical care and is currently unrepresented. It is important for you to seek legal counsel so that you can obtain appropriate value for the case. .You will need to file a lawsuit within two years from the date of your injury.
Answer Applies to: California
Replied: 6/30/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Yes. Rear-end collision cases are generally indefensible. The only issues are whether injury was caused, and the extent of it. As a threshold matter, the injury has to have seriously impaired your normal living. Needing surgery certainly meets this. You should proceed, and I would recommend doing so expeditiously. This is because, although you typically have 3 years within which to sue for auto negligence, waiting can impair your case, as by witnesses disappearing, evidence being lost, insurance companies going under, etc. So, I think you do have a case, pursue it now.
Answer Applies to: Michigan
Replied: 6/30/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan, it would be your own vehicle insurer that would pay your wage loss, medical treatment expenses and people providing replacement services. There can be deductibles or offsets for your insurer to claim, depending on exactly what coverage you purchased. You should read your declaration sheet to determine this and/or speak to your agent and/or claims rep. and/or legal counsel you retain. These benefits are available from your vehicle insurer without regard to fault, thus the name Michigan No Fault. You may sue the any at fault (yes, here fault does apply) parties that caused your collision by proving they were at fault and that they caused a serious impairment of a body function and/or permanent serious disfigurement (or death). So the answer is "yes", you can sue if you can prove the above requirements (which it sounds like you can from the facts you state in your question). To know more, you would want to consult a local lawyer that regularly handles these type of cases.
    Answer Applies to: Michigan
    Replied: 6/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, you can sue. You have 2 years from the accident. Consider consulting an experienced injury lawyer.
    Answer Applies to: Alabama
    Replied: 6/29/2015
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    Yes absolutely,
    Answer Applies to: New York
    Replied: 6/29/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    It sounds like you have a case, but it would be helpful to go over all of the facts of your case. The other man's insurance should be liable for your expenses and pain and suffering, as well as loss of income. Do you have a copy of the police report? Thank you for your email.
    Answer Applies to: Illinois
    Replied: 6/29/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    A rear-end crash is generally a good, clear liability case, assuming you didn't do something to cause the crash. If you will need surgery, you definitely should pursue the other driver (and their insurance).
    Answer Applies to: Colorado
    Replied: 6/29/2015
    Law Offices of George H. Shers | George H. Shers
    Sure, why could you not sue him for all the damages you suffered? ?Speak to several local personal injury attorneys to see which one you like the most.
    Answer Applies to: California
    Replied: 6/29/2015
    Stephens Gourley & Bywater | David A. Stephens
    That would be a yes.
    Answer Applies to: Nevada
    Replied: 8/27/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Absolutely. Call an experienced lawyer right away.
    Answer Applies to: New York
    Replied: 6/29/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, you should interview several injury lawyers; they will give you a free conference.
    Answer Applies to: California
    Replied: 6/29/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    Generally, you may sue up to 2 years from the date of your collision. You should seek the advice of an experienced personal injury attorney.
    Answer Applies to: California
    Replied: 6/29/2015
    Ty Wilson Law | Ty Wilson
    You should reach out to a Georgia personal injury attorney ASAP. If your injury requires surgery and it is related to the motor vehicle collision, the most important thing will be insurance coverage. How much is there and will it cover all of your medical expenses. The personal injury attorney will discuss liability, uninsured/underinsured motorist coverage for you directly as well as any resident relative which may have coverage which may also offer additional coverage. Call today you must notify the insurance companies immediately and you are seven months into your recovery. Good luck.
    Answer Applies to: Georgia
    Replied: 6/29/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You need an attorney to pursue this claim. A spinal injury is far too complex to handle on your own.
    Answer Applies to: Illinois
    Replied: 6/29/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You absolutely can. You should have a lawyer representing you to assist with the legal claim in to properly build your case. You are entitled to money for medical bills pain and suffering excetera. If he has adequate insurance your claim could be quite large. If in Connecticut feel free to call us for a free consultation.
    Answer Applies to: Connecticut
    Replied: 6/29/2015
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    We are sorry to learn you were seriously injured and require surgery. If the injuries were caused by the negligence of another person, you should consult an experienced personal injury lawyer to discuss your rights.
    Answer Applies to: Kansas
    Replied: 6/29/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    That would be a yes.
    Answer Applies to: Montana
    Replied: 8/27/2015
    End, Hierseman & Crain, LLC | J. Michael End
    Yes. You have a good case. Assuming the driver who hit you had liability insurance, you can collect from his automobile liability insurance company. If he did not have automobile insurance, you can be compensated by your automobile uninsured motorist coverage. If the other driver did not have adequate liability insurance to fully compensate you, you can make a claim against your own automobile insurance company under the uninsured motorist coverage.
    Answer Applies to: Wisconsin
    Replied: 6/29/2015
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