Can I sue for pain and suffering? I just got in a car accident , while at a stop I was hit at least 40mph from the back.

Asked over 1 year ago - Berkeley, CA

I was on my way onto a freeway when i got hit by a SUV who I guess was speeding pass cars and crashed into me at least 40mph, pretty much damaging the entire back side of my car, and today my neck, back, and leg is sore and painful I was wondering if they was any way I can get compensated for an accident that was not my fault. I have insurance and valid license. The other person also.

Additional information

P.s I was stopped on traffic on my way onto the freeway. The police came and I received a report number

Attorney answers (12)

  1. Jannik Patrick Catalano

    Contributor Level 10

    12

    Lawyers agree

    Answered . Short answer: yes. You should hire, or at least consult with, a personal injury attorney such as myself. In the meantime, get treatment for your injuries and keep copies of all paperwork. Good luck!

    Legal disclaimer: PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer... more
  2. Asmik Jasmine Gevorkyan

    Contributor Level 12

    12

    Lawyers agree

    Answered . Yes. You may receive compensation for your damages, including medical expenses, pain and suffering, out of pocket expenses, loss of wages, property damage, loss of use of your vehicle and more. However don't handle your case by yourself. Hire a personal injury lawyer who will obtain maximum compensation for your damages. Most personal injury lawyers and my firm handle cases like this on contingency, i.e, no charge for fees unless there is recovery. Please feel free to contact my office for a free consultation. We handle cases throughout California.

    Jasmine Gevorkyan
    818-497-8565 direct
    Www.Gevorkyanlaw.com

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. David Lee Fiol

    Contributor Level 17

    12

    Lawyers agree

    Answered . Short answer is yes: I am sure there are many attorneys who are going to tell you that you have a good case. The main thing right now is to get good medical care: hopefully you have medical insurance or medical payments coverage on your own auto policy, either of which you can use to get good treatment.

  4. Marc Lazarus

    Contributor Level 14

    11

    Lawyers agree

    Answered . Yes. You should seek medical care for your injuries. You should consult an attorney. You should NOT give any statements to the insurance company without an attorney or your behalf. You should also NOT give the insurance company authorizations to obtain your medical records and bills. Your medical records and bills should be submitted to the insurance company by you or your attorney.

    Marc Lazarus
    www.russellandlazarus.com

  5. James Michael Bergener

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . A rear-end accident where you suffered serious injuries; you absolutely should get compensated. Your damages can include medical care, property loss, pain and suffering, and past and future wages lost. Based on the facts you listed here, it's definitely in your best interest to contact myself or another California personal injury attorney on Avvo to start working for you right away. We handle cases on contingency, so you don't pay anything unless we get you money. You can seek medical treatment while we handle all the negotiations to pursue the maximum settlement amount on your behalf.

    The information provided here is for informational purposes only, and should not be construed as legal advice on... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You would want to retain a local personal injury lawyer to investigate a claim.

  7. Michael Shemtoub

    Contributor Level 17

    9

    Lawyers agree

    Answered . You definitely can! However in order to get a good dollar amount for pain and suffering you have to have a strategy to properly show the insurance company why you deserve the pain and suffering dollar amount that you are demanding. They don't just write checks like they used to! I've handled many cases against insurance companies and wouldn't mind speaking to you about it.

    View my website & call for a FREE consultation if you are a California resident 877-427-2752 or you can email me... more
  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Yes.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal disclaimer

    This ans. does not create an attorney/client relationship.
  9. John Noah Kitta

    Contributor Level 19

    8

    Lawyers agree

    Answered . Get a copy of the police report. Make sure you see your doctor to see what is causing your pain and suffering. If it does not resolve itself you may need to have x-rays or an MRI to determine what the nature of the problem is. Keep notes and records of how these injuries are affecting your daily lilfe. You really need to handle the claim through a
    law firm and let them deal exclusively with the insurance carrier. Insurance employees are highly trained to pay little or nothing on claims. The experienced personal injury attorneys will be able to figure out the true value of your case when you are permanent and stationary.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
  10. Paul J Molinaro

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney. If the accident was not a rear ender, the attorney will advise on fault and liability.

    When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  11. Matthew C Simon

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . Report this accident to your insurance company ASAP. If its the other driver's fault, which it seems like it is, his/her insurance should cover your damages. If you are injured, seek medical attention and an experienced personal injury attorney in your area ASAP. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  12. Mark John Caruso

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . It sounds like the accident was not your fault. You are then entitled to money damages for the negligent act of the other driver. Their insurance or your uninsured motorist coverage should pay for your damages.

    You need to get medical care to document your injuries and get them taken care of. In most instances the amount of your medical expenses dictates the amount of pain and suffering. Exceptions might be broken bones which are cheap to fix but have much more pain and suffering.

    Make sure that you get an attorney who only handles personal injury claims. Too many attorneys try to handle too many types of cases. Stick with someone who specializes in personal injury.

    You need to also find an attorney who offers you a discounted attorney fee if the attorney can settle the case without having to file a lawsuit. As an example, our firm charges a 29% fee for cases that don't require a lawsuit. This discounted fee puts more money in your pocket.

    You should also look for an attorney with years of experience handling personal injury and car accident claims. Look at web sites for more information than you can get from a 30 second television advertisement.

    My Blog (see below) has a great article i wrote about "Pain and Suffering" and another one on "why attorneys should only charge a 29% fee". You might find it useful to read before you hire an attorney. Good luck.

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.... more

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