If I want to sue the individual who hit my car because I was seriously injured and I need surgery, can I do that? 26 Answers as of August 25, 2015

My neck and jaw were badly hurt about a month ago because a woman in a truck struck my vehicle at an intersection. It can only be repaired with surgery, and my insurance will cover the expense. Still, can I sue her for my pain?

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
You can sue the woman. The damages can include compensation for the wages or income you lost due to the accident and due to the necessary treatment and compensation for your pain and suffering.
Answer Applies to: New York
Replied: 7/6/2015
Morrin Law Office
Morrin Law Office | Robert A. Morrin
If she was at fault then yes you can sue her and her insurance company. This is an area I am trained well in and I can maximize your pain and suffering claim. I work on contingency so you don't have to pay anything up front.
Answer Applies to: Kentucky
Replied: 7/6/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Absolutely. She was at fault (seemingly, from your description), and your need for surgery meets the serious impairment injury threshold. Proceed now, as evidence gets lost with time, weakening your case. The facts need to be considered in detail, toward the best plan of pursuit.
Answer Applies to: Michigan
Replied: 7/3/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, you can sue. Your medical insurance company will be entitled to get their money back, though.
Answer Applies to: Alabama
Replied: 7/3/2015
End, Hierseman & Crain, LLC | J. Michael End
Yes. I think you should hire a good personal injury lawyer as soon as possible.
Answer Applies to: Wisconsin
Replied: 7/3/2015
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes absolutely. You should retain a personal injury attorney to assist you to help recover the cost of the surgery, and then general damages for pain, suffering and inconvenience.
    Answer Applies to: California
    Replied: 7/3/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If the accident was the other persons fault you have potentially a very large claim for pain and suffering and permanency. You should get a lawyer who can bring suit and can properly build your case. Feel free to call us for a free consultation if the matter is in Connecticut.
    Answer Applies to: Connecticut
    Replied: 7/2/2015
    Harris Kuhn Law Firm, LLP
    Harris Kuhn Law Firm, LLP | James Harris
    It sounds like you were seriously injured by the truck that hit your car. Of course you can sue the other individual. However, to answer all your questions meaningfully and provide sound legal advice we would need to know a lot more detail and facts. A starting point would be to review the police report, photos of the vehicles and if available photos of the collision site. We would want to know how the injuries have affected your life and see the medical records. We would investigate the amount of insurance coverage available. The good news is that we never charge for initial evaluations. We would be happy to review your situation and give you our opinions and alternatives. From there it is your decision how to proceed. You did not provide the date of the collision. Generally, the sooner you seek legal counsel the better the case will proceed. Please feel free to call me at my direct number below.
    Answer Applies to: Nebraska
    Replied: 7/2/2015
    S. Joseph Schramm | Joseph Schramm
    Assuming the woman was at fault you can file an complaint against her for your pain, suffering and loss of enjoyment of life. Even if you have elected the limited tort option on your insurance policy your need to have surgery to correct your condition may still allow you to pursue your claim. However, you should retain counsel to represent you.
    Answer Applies to: Pennsylvania
    Replied: 7/2/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, you can and you should. Ask your local bar assn. for a referral to an injury lawyer.
    Answer Applies to: California
    Replied: 7/2/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Sure you can. Hire a lawyer and go for it.
    Answer Applies to: Michigan
    Replied: 7/2/2015
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    Yes, you and if you're married your spouse have claims. You may sue to recover medical expenses( even if paid by insurance) lost income, pain and suffering etc. an attorney can help you with process as there will be many decisions to be made where expert help would benefit you.
    Answer Applies to: Georgia
    Replied: 7/2/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In MI you may sue if you can prove the other party(ies) were negligent (at fault) and that you suffered a serious impairment of a body function and/or permanent, serious disfigurement or death. So it would sound like you have a valid case to bring. You have 3 years within which to sue, so you could have your treatment/surgery and see how your recovery goes so that you know the full extent of your damages before you make the claim/file suit. Good luck with your treatment.
    Answer Applies to: Michigan
    Replied: 7/2/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You're darn tootin! But don't even think about attempting to do so without a lawyer. Here's what you do: do a 'net search for personal injury car accident lawyers in your area. You will get a bunch of results. Take a good look at the websites, I reccomend finding actual law firm sites rather than directories. Also, don't go by who has the biggest advertising budget, I've heard that firms like that just treat clients like items to be processed through a pipeline. Pick three lawyers that you would like to talk to. Then meet with each of them, let them know that you are talking to several lawyers before you decide. Consulations are free. Then, before you sign anything, decide who you are the most comfortable with and go with that one.
    Answer Applies to: New York
    Replied: 7/2/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Yes - hire an attorney.
    Answer Applies to: New York
    Replied: 7/2/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It may be possible depending on the injuries. Consult with an attorney.
    Answer Applies to: Michigan
    Replied: 7/2/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Yes, you certainly can sue an individual who was liable for your injuries and damages. You probably do want a lawyer to help with that.
    Answer Applies to: Colorado
    Replied: 7/2/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Don't try to do it yourself....hire a good personal injury attorney, who will get you more after he or she takes his or her fee out than you would get by yourself. Look for a board certified civil trial lawyer, and not just someone who looks good on television.
    Answer Applies to: Florida
    Replied: 7/2/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You would be able to make a claim. Do you have a copy of the police report, and do you know if anyone got a ticket in the accident?
    Answer Applies to: Illinois
    Replied: 7/2/2015
    Ty Wilson Law | Ty Wilson
    Yes, your injury is serious enough not to go this alone. You should reach out to a personal injury attorney. There are mistakes you can make that you can not recover from, one of them is letting the insurance company know you have health insurance. Good luck.
    Answer Applies to: Georgia
    Replied: 7/2/2015
    Stephens Gourley & Bywater | David A. Stephens
    That would be a yes.
    Answer Applies to: Nevada
    Replied: 8/25/2015
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    You can sue her for your pain and other damages as well. Please consult a local attorney to discuss your options.
    Answer Applies to: California
    Replied: 7/2/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    Yes, you may. You should consult with an experienced personal injury attorney.
    Answer Applies to: California
    Replied: 7/2/2015
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