How should I approach wage, medical, loss of earning capacity, loss of consortium and other claims against auto insurance?

I am a 20 yo male, I was the passenger in a car accident were both drivers were at fault. I went to the ER were I got x-rays but said it was just musculoskeletal pain and I am now getting chiropractic treatment , I was unemployed at the time of the accident but had just received a job offer at a factory but was unable to take the job because I have back and neck pain, can I claim loss of wages for that? I cant do chores, work or sleep at night because of the uncomfortable feeling in my neck and back when I lay down and I also haven't been able to have intercourse with my spouse because of the same reasons... it is frustrating not to be able to be fully functional as a person at my age and I need advise to get the most of of my settlement because I truly have been in pain and suffering.

Charlotte, NC -

Attorney Answers (9)

R. Alfred Patrick

R. Alfred Patrick

Personal Injury Lawyer - Greenville, NC
Answered

The best thing you can do right now is to follow your health care professionals' advice and concentrate on getting better - you may also want to begin the process to find the right experienced personal injury attorney to help you as I believe you will need professional assistance to help with the various issues in your case: two "at-fault" drivers means two insurance companies trying to avoid responsibility; job offer instead of steady employment and continuing treatment means uncertainty in determining what your loss of wages or earning capacity might be; your inability to take care of the activities of daily living as well as the inconvenience and the other effects of your injury, are ongoing.

Research the lawyers in your community - don't just rely upon television commercials or the yellow pages; ask your friends for recommendations; find out which lawyers have experience dealing with cases similar to yours; make sure the lawyer is comfortable taking your case to trial if a fair settlement is not possible - and then hire that lawyer and rely upon their advice.

Good luck.

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Personal Injury Lawyer - White Plains, NY
Answered

Knowing the terminology lawyers use doesn't qualify you to handle a personal injury claim, or even evaluate it. You should get a good lawyer and let the lawyer handle it. If you try to represent yourself the insurance company will take advantage of you.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
James Kevan Minick

James Kevan Minick

DUI / DWI Attorney - Charlotte, NC
Answered

Call Lance Williams in charlotte. Sorry to hear about your situation.

Offices in Asheville, Gastonia, Charlotte, and Wilmington. Answers given on this site are intended to be general... more
John L. Schroeder

John L. Schroeder

Personal Injury Lawyer - Geneva, IL
Answered

You hire an attorney to protect your interest, somebody who knows what to do.

David Ian Schoen

David Ian Schoen

Personal Injury Lawyer - Windsor, VT
Answered

The only way you should approach it is to immediately consult with an experienced personal injury attorney who can make sure you do not sabotage your own claim by trying to handle it yourself.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

Best bet is to not play lawyer, but to retain one. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo attorney with a low contingency fee.

Lars A. Lundeen

Lars A. Lundeen

Personal Injury Lawyer - Rutland, VT
Answered

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:

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.
James Patrick McLane III

James Patrick McLane III

Car / Auto Accident Lawyer - Rolling Meadows, IL
Answered

You shouldn't approach anything. You should hire a qualified personal injury attorney to handle that for you. I always advise potential clients to not play lawyer, just the same as you making a decision to not play doctor after this accident.

My post is for informational purposes only and in no way establishes an attorney client relationship.
Brian C. Pascale

Brian C. Pascale

Personal Injury Lawyer - Garden City, NY
Answered

Your spouse would make the loss the consortium claim, not you. Do yourself the biggest favor and hire an attorney.

If this Answer was of assistance please mark it as "helpful." If you have further questions or inquiries please... more

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