I t boned a lady who pulled out in front of me, she was drinking.

Asked over 1 year ago - Cartersville, GA

She was found to be in the wrong, and was cited for open container and causing an accident. She was not legally drunk, but she did register. I did not think I was hurt at the time, but went to the doctor the following month and they found 3 pinched nerves in my back and muscle damage in my neck and shoulder. The neurologist said that all I could do is PT and that I would have to put up with the pain, because they could not do surgery on 3 disc on top of each other. Can I sue for pain and suffering?

Attorney answers (14)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Get a lawyer IMMEDIATELY. And do not talk to the insurer without one.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Ryan M. Finn

    Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered . Consult a local PI lawyer.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  3. Timothy Ryan Brown

    Pro

    Contributor Level 9

    10

    Lawyers agree

    Answered . Contact a local personal injury attorney. They can advise you further.

  4. Peter James Pearson

    Contributor Level 9

    7

    Lawyers agree

    Answered . You may have a very strong claim. I would strongly encourage you to call a qualified personal injury lawyer.

    Attorney Pete Pearson
    (678) 740-6928

  5. L. Ty Wilson

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . Yes, you can sue for pain and suffering. However there are many factors that should be investigated. Consult with a Personal Injury attorney.

    I am happy to answer any questions you have?

    Ty
    770-948-5454.

    This response is for general information only, no attorney client privilege has been established by this communication.
  6. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . Sound advise from the other lawyers - get a lawyer.

  7. Robert G. Rothstein

    Contributor Level 14

    3

    Lawyers agree

    Answered . If you can prove your injuries diagnosed the following month were caused or aggravated by the collision and not by a post-accident intervening cause, you might have a viable cause of action against the other driver. Waiting for a month after the accident to require or to get medical treatment (if this is what occurred) will make your case tougher but not unwinnable. Feel free to call or email me at no charge to discuss the matter further.

    Robert G. Rothstein Assoc.
    Trial Lawyers
    404-216-1422
    rgrothstein@gmail.com

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-... more
  8. David B Pittman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes.. Hire a lawyer ASAP.

  9. Sidney Weinstein

    Contributor Level 12

    2

    Lawyers agree

    Answered . Regardless of whether you can sue or not for the accident, I would get a second opinion on whether or not your pain can be relieved. The delay in seeking treatment at the time of the accident may cause you problems in seeking recovery. You may be able to address that issue if your doctor can give a clear opinion that the injuries are related to the accident, and you will have to rule out any events that may have occurred after the car accident which the insurance company could say was the total cause or contributing factor for your injuries. Did you provide a recorded statement to the insurance company? Did you go to the hospital or doctor immediately after the accident? There are many questions that need to be asked by an Atlanta, Georgia accident injury attorney to give a good assessment of whether there are enough evidence and facts to support an action.

    Law Office of Sidney Weinstein
    Atlanta, Georgia Accident Injury Attorney
    404-522-3108

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office... more
  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  11. David Thomas Dorer

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You need a personal injury attorney right away. Preferably one with experience with punitive damages claims against individuals and asset tracing for attachment of your judgment.

    You have a claim for negligence against the other driver, that's clear and has been articulated by the other lawyers here. The woman driving the other car had a duty to operate a car reasonably and prudently under the circumstances and she breached that duty by operating a vehicle under the influence of alcohol. As an actual and proximate result of her breach, you suffered personal injury and financial and personal loss.

    To answer your question, you are entitled to all of your medical bills (not just your copays), lost wages, and compensation for your pain and suffering both now, and in the future.

    The tricky thing here is that, while her insurance will likely cover all of the damages I just mentioned, many insurance companies have an exclusion for punitive damages.

    Under Georgia law, you can seek punitive damages for willful and wanton or reckless conduct. This is more than mere negligence and must have some semblance of an intentional act. The damages i mentioned before are actually considered compensatory damages (designed to "make the plaintiff whole" after an injury). Punitive damages, by comparison, are designed to punish reckless conduct (designed to "put a hole in the defendant" is the way Charles Adams III, author of Georgia Law of Torts puts it).

    Like I said, a lot of insurance companies exclude coverage for punitive damages. So, any judgment for punitive damages may have to be collected directly from the drunk driver. Knowing how to find assets and attach a lien to those assets is a skill many personal injury or car wreck lawyers don't have, not because of incompetence, but it's generally outside their focus, usually.

    You should ask the attorney you consult with knows if he or she knows how to do "Article 9 Judgment lien attachment to fixtures" or "a real estate judgment lien attachment" for any potential punitive damages judgment.

    Best of luck. Sorry to hear about your back. I hope you can cope with your pain well.

    Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered... more
  12. Sam Louis Levine

    Contributor Level 14

    1

    Lawyer agrees

    Answered . My fellow Georgian from Cartersville, this is not good. Hopefully your injuries amount to only soft tissue & not worse. There are many different issues to talk about. Here's my initial advice, talk with several different attorneys & pick the one whom you feel you connect with best. There are many questions to ask such as will they take the case to trial before a jury (if necessary)? Can the attorney tell a good story & have the ability to connect with a jury? How much experience does the attorney have handling civil & criminal matters involving DWI? How much experience does the attorney have pursing & obtaining punitive damages for clients? How available is the attorney to actively work on your case? Does the attorney have both professional & personal experience with the issues you are going through? Does the attorney have your best interests at heart? Will the attorney look you in the eye & tell you the truth, not necessarily what you want to hear? Is the attorney empathetic? How much experience does the attorney have pursuing & obtaining emotional & psychological damages? I am reachable @ my office at (404) 303-8875. You are welcome to call me if you wish & would be happy to speak with you anytime over the weekend as well. I hope you feel better and am so sorry that this happened to you. Take care.

    Sam Levine, Esq.
    (404) 468-4689
    "A strong, caring, zealous advocate for the injured"

  13. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . Hopefully, there are mitigating factors for the delay in treatment and/or other ways you may have docu,ended the injury. Ps vi'm not so sure the liability is as clear cut as you think. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  14. Richard H. Wooster

    Contributor Level 11

    2

    Lawyers agree

    Answered . Yes, you have a claim. However, because your symptoms did not surface for a month the insurance company may claim that it was caused by something other than the accident. You should hire an attorney because that fact wrinkle makes this a more difficult case.

    This response does not create a lawyer client relationship. Each case is determined on its specific facts and... more
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