The insurance company totaled my truck and sent me a check. Two weeks later I'm hurting and had to go to the E.R. What happens from here? What do I need to do?
If there was a defect in your vehicle, in the road, etc and someone is at fault other than you, you can try to sue for your injuries and damages. If the crash was your fault alone, not likely. I dont practice in your state, so you should get a free consult with a local injury lawyer. perhaps there is some no fault of PIP ins benefit you can claim.
From the initial facts that you present, I do not see anyone else being held liable for your crash and therefore, there is no one else to pay damages.
To seek compensation in any case, you need to have suffered damages as a result of another party’s negligence or recklessness. IN this case, your car struck a tree and that collision caused your injuries. You would need to demonstrate that someone else caused the accident. As one of my colleagues mentioned, perhaps the road or the car had a defect. In most single car accidents, the sole liability lies with the driver and that would be you. Unfortunately, I do not believe that Mississippi is a No Fault state, so you must rely on your own insurance for coverage. If in doubt, you should consult with a local personal injury attorney. You can use Avvo or consult your local bar association if you need help finding an attorney.
Depending upon what state the accident happened and how the accident happened, if you live in a "no fault" insurance state dicates whether or not you can get pain and suffering. Unlikely. However, you should seek a consultation with an attorney in your area to provide you with an answer.
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