Today i was involved in an accident where the other driver backing out of their space drove straight into my car ( driver side quarter panel ) while i was stationary . . police showed and the other driver admitted to being at fault . . . they obviously have to pay for the damages to the car which i was quoted to be around grand . . my question is am i able to pursue pain n suffering w / o first seeing a doctor ? ? or will their insurance company try to settle with me so that i don't seek medical attention ?
Personal Injury Lawyer
Thankfully, and I hope I have not read your question incorrectly, you are not injured. If you have any injury problem, no matter how insignificant, you should seek care. The Law has just changed. If you do not seek care within 14 days of the accident, then you are not entitled to have your insurance company pay any medical expenses. That would be a VERY bad thing if you are injured. So, get care fast- if you have the slightest complaint.
Now, can you get $$ for pain and suffering without care? Technically, "No". You must first have a documented "permanent injury". That is, no jury would be allowed to award $$ for pain and suffering unless it first determined you have a "permanent injury".
Realistically, depending on which company insures the other driver, you may be offered up to around $1,500 real fast. Think long and hard and don't take it right away. Give your body time- up to six weeks to be certain you are not injured. Why six weeks? Because that is how it takes long for certain injuries to become apparent.
Good luck and be well!
You should see a doctor right away and also a local personal injury lawyer. If you were my client, I would suggest you see a doctor because the most important thing is tending to your health care needs. While you shouldn't go to a doctor just to manufacture medical expenses, all else being equal, a personal injury claim supported by medical bills establishing proof of injury is more valuable than an unsupported claim, and often the amount of medical bills is used as a rough multiplier in determining the value of your settlement.
Car / Auto Accident Lawyer
Yes. You should consult a personal injury lawyer ASAP. I would also suggest getting checked out by a doctor to see if you sustained injuries.
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You would want to get medical treatment first, and don't say a word to the insurance company without a lawyer. Never try to resolve a car accident case without a lawyer or you will either get #1. no money or #2. a very tiny nuisance settlement.
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You can pursue pain and suffering without seeking medical treatment but no insurance is going to give you any money for it. If you are injured, go seek medical treatment then make a claim
You need to seek medical attention and to get a good lawyer to work with you. Call around and after you've interviewed lawyers make an educated decision. Best of luck.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com
Real Estate Attorney
You should have Personal Inhury Protection benefits that you should use to confirm whether and what type of bodily injury(ies) issues exist.
You should not delay in seeking medical attention and legal advice. Strict time limitations apply
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.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Car / Auto Accident Lawyer
I would strongly advise you seek legal counsel. Due to the recent change in Florida's PIP statute, the auto negligence arena is fairly uncharted. The new statute mandates you seek some sort of medical treatment within 14 days, or you could limit the PIP coverage from $10,000.00 to $2,500.00. Also, medical care is crucial when establishing a third party Bodily injury claim. Under Florida law, Statute 627.737(2), there are only 4 ways in which an auto negligence action may occur. These four are 1. Significant and permanent loss of an important bodily function, 2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement., 3.Significant and permanent scarring or disfigurement., and 4. Death. To answer you question, if one of these four thresholds are not meant, an insurance company will offer a minimal settlement offer. Seeking immediate medical attention, not only satisfies certain contractual requirements for your Personal Injury Protection, but also begins to establish one of the four threshold requirements in seeking a Bodily Injury Claim. In short, it would be very difficult to pursue a pain and suffering bodily injury claim without seeking medical attention. Your Bodily injury claim would hinge on your current injuries and the permanency of these injuries and the effect of said injuries on the remainder of your life.
This answer does not establish an attorney-client privileged. This answer is purely informative.
It is very difficult to know exactly what an insurance company representative will try to get you to do, but history tells us they are motivated by only one thing...their money.
You have plenty of time to decide how to pursue with respect to any financial claim you may have.
For now, I suggest you treat for any injuries you may have sustained. As an aside, it's not uncommon for your body to start feeling symptoms days after a traumatic event such as this, as opposed to immediately afterwards.
Go see a local physician ASAP and start a dialogue about any symptoms you may have.
Lastly, call a personal injury lawyer ASAP. Obviously my office practices in your area, but so do other reputable firms. We can all help you thru this confusing time.