A woman ran a stop sign at approximately 50mph and hit the rear of my wife's truck, causing it to roll. What are options?

Asked 3 months ago - Dunellen, NJ

My wife and 3 year old son were in the car, taken to the hospital with what appears to be minor injuries so far(fingers crossed!) My son has a lump on head, bruised shoulders from car seat harness, multiple bruises, and sore. My wife has severe back and neck pain, as well as leg pain. X-rays didn't reveal any breaks but she can barely move. The woman clearly ran stop sign, there are witnesses stating that she was traveling at least twice the 25mph speed limit. Is it possible to get back property damage and something for the pain and trauma that my wife and young child endured for her negligence? We are in NJ. What should we do? Thank you for any advice you can offer.

Attorney answers (12)

  1. Anthony Francis Belotta

    Contributor Level 4

    13

    Lawyers agree

    Answered . First and foremost, you should seek medical attention to address your wife's pain since she may have serious back injuries. Your son should be examined by his doctor to assess his present and future condition. Yes, it is possible to recover for the pain and suffering as well as property damage. You should consult with a personal injury attorney as soon as possible. Best of luck to you and your family.

  2. Michael T Warshaw

    Contributor Level 17

    11

    Lawyers agree

    Answered . The short answer is yes, you can recover for these injuries, but there is a more detailed analysis required, including whether you have limitation on lawsuit threshold. You should confer with a personal injury attorney immediately. Look for a member of NJAJ, an organization devoted to representing injured persons for a complete analysis of the options available to you and your family.

    The content of the this submission is intended to provide general information on the topic presented, and is... more
  3. John Michael Phillips

    Contributor Level 19

    12

    Lawyers agree

    Answered . So sorry to hear this. Call a local lawyer. X-rays have severe limitations, as it is the tissues around the bones that cause the worse problems- as they stretch, tear and herniate.

    Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not... more
  4. Charles P. Ward

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . Please contact an attorney in personal injury as soon as you can. Do NOT give any statements to any insurance company except your own. Time limitations do apply so do so as soon as you can. Best of luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
  5. David Herman Hirsch

    Contributor Level 20

    8

    Lawyers agree

    Answered . You need to immediately consult with a personal injury attorney to assist you who can investigate and give you guidance as to how to proceed. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  6. David L. Carrier

    Pro

    Contributor Level 18

    8

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    Answered . Contact an attorney to go over the particulars and seek hiring the attorney should you need one. Check avvo for a listing. Good luck.

    This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your... more
  7. Raymond Andrew Grimes

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . you can certainly would cover for property damage. You most likely have a personal injury case for your wife and your son. X rays do not show herniated discs. She's going to have to go to an orthopedic Dr and a neurologist. They will have to perform an mri and emg to determine the extent of the injuries. your insurance policy also has to be reviewed to determine whether you have the verbal threshold.there are many other things that will need to be done. You should contact one of us and have us review your case with you.do not talk to the insurance company about the injuries. let an attorney do that.

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  8. John Robert Gorman

    Contributor Level 10

    6

    Lawyers agree

    Answered . Sorry to hear about your family's misfortune. Assuming that you selected your car insurance primary for medical treatment, your car insurance pays your son's and wife's medical bills, subject to a deductible and co-pays. Whether either your son or wife have an injury claim depends in large part on the tort threshold that you selected on your auto policy. Your property damage can be paid either by your own collision carrier or the other sriver's insurance company.
    Your wife needs to consult with a certified civil trial lawyer specializing in personal injury cases ASAP.
    Good luck.

  9. Yolanda Navarrete

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is very good that your wife and child were examined at the hospital. It appears they have significant injuries. The next step is for them to continue treatment. It is often difficult to find doctors who are willing to work with auto insurance. It is important not to use your own health insurance because you will be held responsible to pay them back. At this stage my practice is to set up a claim in order to continue medical treatment with a soecialist. Be sure to consult with an attorney of your choice. Consultations are free.

    Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to... more
  10. Patrick X Amoresano

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Your wife and child are entitled to substantilal monetary compensation for any permanent injuries they may have suffered. Call right away for a free phone consultation with a well-credential personal injury attorney. Below are links to legal articles to assist you.

  11. James S Taylor

    Contributor Level 4

    4

    Lawyers agree

    Answered . I'm very sorry to hear about your family's accident. It sounds very traumatic. You are going to have a lot of questions that demand answers. You have already named a few which include property damage and pain and suffering. I would consult with an attorney that you or a friend or family member trusts in order to sit down and discuss all of your questions. Most personal injury attorneys DO NOT charge a consultation fee. I break every car accident claim into three sections: 1. Medical bills; 2. Property Damage; 3. Bodily Injury claim. Since you are likely to have multiple questions about each section, you should see a professional.

  12. Scott J. Corwin

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Your wife should consult with an experienced car accident lawyer to review her case and advise her accordingly. Given the extent of her injuries, she should continue medical treatment while in the process of hiring an attorney.

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