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Can I sue for injury?

South Bend, IN |

I had shoulder surgery a month ago, but today I was in a car accident. We were t-boned on the driver side (other driver was at fault). I was on the driver side in the back seat, my shoulder hit the glass/ door. We were only going about 20mph due to snow. I claimed injured, then went to the emergency room. All the tacks are in place still, but now I am back on vicodin. As I am in a lot of pain. Obviously I will want the other driver to pay for the x-rays and visit, I wasn't going to pursue anything else. But one of my roommates is pre-law and said I should try for pain and suffering among other things, especially since this might affect my school work due to vicodin and pain. Do I have a case even though I don't have to have surgery again?

I was told by the doctors yesterday that my recovery is now pushed back a month, I basically have to start the healing process over.

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Attorney answers 3


As the victim in a car accident, you have the right to file a claim for all your damages, including pain and suffering. The fact that you do not need another surgery does not bar your claim. It simply means that you had a pre-existing condition, which was aggravated by the accident. Good Luck


You need to consult a personal injury attorney in your county immediately so they can assist you as you go through recovery and see what damages were caused due to the accident. The other driver "takes his victim as he finds him" - meaning, if you were already injured by the surgery and his negligence caused you aggravation of those conditions, he is liable. You don't know yet the full extent of your damages so yes, you definitely need to pursue more than just the ER and X-rays if the other driver is proven to be at fault. You were a passenger so were not negligent. You may have to consider whether your driver was negligent and whether you will be pursuing a claim against that person as well.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


It is important that you not settle your claim prior to knowing the full extent of your injury. You are still treating and you may have injuries which will substantially affect the value of your claim (as well as your own future).i

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