I was hit from behind while at a complete stop I have whiplash back pain and other pain to can I sue. Also the car is totaled.

Asked 10 months ago - Summerville, SC

The car is done yes I have insurance I was taken to the emergency room I had a ct scan

Additional information

I was In a elcamino an she hit me at a complete stop in a Mercedes suv they said she had to be going 50mph I say 60+mph I want enough money from pain and suffering to get another car maybe $5,000

Attorney answers (9)

  1. Nedim Ramic

    Contributor Level 9

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    Answered . You certainly can. Depending on when the accident happened, you may have sufficient time to try and negotiate a fair settlement without spending time and money on a lawsuit. You definitely need to hire a personal injury attorney in your area to explain the process to you.

    The information offered herein by NEDIM RAMIC is not formal legal advice, nor is it the formation of an attorney... more
  2. C. Donald Briggs III

    Pro

    Contributor Level 20

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    Answered . Yes, you can sue. But, you may be able to settle the claim and not sue anyone. You should consult with a local personal injury lawyer and figure out your best course of action.

  3. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

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    Answered . you need to contact a local accident lawyer right away and obtain medical care. Your injuries could be worse than you think but you should be checked out to make sure. A lawyer will attempt to resolve your claim without litigating which will save you money in the long run as long as the carrier is evaluating your claim fairly.

  4. Kevin William Attkisson

    Contributor Level 15

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    Answered . Yes you can sue, but most claims get settled without needing to file a lawsuit. I know you went to the ER, but if you need additional medical care, do not delay getting follow up treatment. The insurance company will try to use that against you if you wait too long. You should also should consult with an injury attorney as soon as possible.

  5. Ryan S Montgomery

    Pro

    Contributor Level 13

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    Answered . Call Nathan Hughey at Hughey law Firn or Ken Harrell at Joye law firm. I believe they offer a free consult.

    The information in the post is not intended to be legal advice but is general information and should not be relied... more
  6. John L. Schroeder

    Contributor Level 18

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    Answered . A lawsuit is always an option. Your question however does not give any specific information for any specific advise. The fastest way to handle your claim is to let your insurance repair your car under your collision coverage. The will subrogate against the other party and include your deductible in their claim. As far as the injury portion of your claim, get the medical attention you need and contact a lawyer for guidance.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Retain a personal injury lawyer then. Avvo has a terrific "find a lawyer" tool to find a top-rated lawyer with a low contingency fee.

  8. Jonathan Brooks Davis

    Contributor Level 9

    5

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    Answered . Yes, you definitely have an action. You should contact a local personal injury attorney to discuss your options.

    ATTORNEY ADVERTISING DISCLAIMER. The information herein is intended for general informational purposes only and... more
  9. David A. Papa

    Contributor Level 16

    4

    Lawyers agree

    Answered . First and foremost make sure you are taking care of your injuries through medical physicians. A pain in the neck can be signs of a disc injury. This is true throughout your spine. Interview a couple of attorney's who should give free consultations. This way you are taking the necessary steps in handling your claim.

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