Do I have a case and file a claim against the other party from a car accident? 18 Answers as of November 05, 2013

I was rear ended on 10/20/13 I was stuck in traffic going about 5 mph driving a mini van and the other party was driving a 4 door Honda car said he was "sneezing" my mini van was totaled $13000 work of damages airbags deployed, I did go to the hospital the same day (I was a little dizzy and throwing up) but not by ambulance. I am currently seeing a chiropractor pain in both shoulders left arm neck and legs. I have not returned to work as of yet. Do I have a really good case?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, you do. This sort of injury can hang on for quite a while. You should see a P.I. lawyer ASAP.
Answer Applies to: California
Replied: 11/5/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
Based upon your description, the other driver is responsible for whatever harms and losses you have sustained. The important thing is that you promptly follow through on all necessary medical care. I would suggest that you supplement your chiropractic care by seeing your family doctor, and then follow up with whatever care he or she may recommend.
Answer Applies to: Iowa
Replied: 11/5/2013
Durham Jones & Pinegar | Erven Nelson
It sound like you have a good case since you were rear ended and that means that the other driver was at fault 99% of the time. So you have established liability. Now you need to prove your damages, which should be easy with the vehicle repairs, medical bills and lost wages.
Answer Applies to: Nevada
Replied: 11/5/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It sounds to me like the other party is liable, but I'm not sure about your damages, though. You should probably consult an experienced personal injury lawyer. Good luck.
Answer Applies to: Alabama
Replied: 11/5/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You did not give many facts but it sounds like you have a case of liability. Question is: what are your injuries? If you are really hurt (does not sound like it) you want to get the proper medical care. That may be chiro but if you are hurt bad, maybe not. See a good lawyer for help.
Answer Applies to: North Carolina
Replied: 11/5/2013
    Oscar E. Toscano | Oscar E. Toscano
    You need to see a lawyer right away. Your case appears to be good but the value of the case depends on the injuries you can prove. The choice of doctors that treat you is crucial as well in litigation case. Over the last 34 years as a personal injury lawyer, doing hundreds of similar cases, I have seen good cases get destroyed by errors made early on in the case.
    Answer Applies to: California
    Replied: 11/5/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You have great liability but you have no idea what your injury is. You need an attorney AND an orthopaedic surgeon or forget about recovery, beyond your bills. Find an experienced Personal Injury attorney on Law QA. Attorneys on Law QA want to help you but are NOT permitted to solicit your business. YOU must contact them.
    Answer Applies to: Illinois
    Replied: 11/5/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If the defendant had insurance on his car, you have a good case. If he did not have insurance, then if you had PIP coverage on your car the first $10,000 of your medical and work loss will be covered. If your damages exceed $10,000 and the defendant did not have insurance, but you had "uninsured or under insured coverage on your car, you can get compensation from your own insurance company.
    Answer Applies to: Washington
    Replied: 11/5/2013
    End, Hierseman & Crain, LLC | J. Michael End
    Yes, you probably have a good case. The amount of the recovery will depend on how well, or how badly, you heal from your injuries. You should probably hire a personal injury lawyer to help you with your claim. Otherwise, the other driver's insurance company may take advantage of you.
    Answer Applies to: Wisconsin
    Replied: 11/5/2013
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    You likely have a case but I cannot determine how good it is without knowing more.
    Answer Applies to: Ohio
    Replied: 11/5/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It sounds like a good case in as much a the other party is probably liable. It sounds as though your injury is relatively minor, and therefor, I would not expect a large settlement.
    Answer Applies to: South Carolina
    Replied: 11/5/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan you will collect your wage loss, medical bills and replacement services from your own vehicle insurer. As to any pain & suffering case against the at fault driver, you will need to show that your injuries have reached the "threshold" of a serious impairment of a body function by competent medical testing and testimony (typically insurers will not find the testimony of a chiropractor, alone, to be sufficient proof on which they would make an offer to settle the 3rd party case).
    Answer Applies to: Michigan
    Replied: 11/5/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Liability appears good. Amount of monetary recovery ? Way too early to tell. Protect your claim. Meet with a lawyer.
    Answer Applies to: Illinois
    Replied: 11/5/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Unless you sustained a "serious injury ", you do not qualify.
    Answer Applies to: Florida
    Replied: 11/5/2013
    Padove Law | Burton A. Padove
    Based on the information provided you should hire an attorney to pursue the case. Depending on the insurer, they may defend the case saying it was unavoidable due to the sneeze. A knowledgeable injury attorney will know how to Mai ice your compensation and deal with that defense.
    Answer Applies to: Indiana
    Replied: 11/5/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You are kidding, of course. Liability is good, but what is it worth? Big cases have big injuries. So far, you have a very minor concussion and some soft tissue injuries. You won't retire on this one.
    Answer Applies to: Michigan
    Replied: 11/5/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    It certainly sounds like you have a good case, but I hope you are not planning on handling it yourself. Take the opportunity to consult with an experienced car accident attorney for free. For starters, do not give any sort of written or recorded statement to the insurance company until you have talked to a lawyer. Then, if you find a lawyer you are comfortable with, retain that lawyer and let the lawyer take it from there.
    Answer Applies to: Texas
    Replied: 11/2/2013
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