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Can i sue for whiplash, I havent missed work or paid any medical bills,but the pain,dizzyness,nause, is unbearable

Rochester, NY |

I was at a red light and a young girl rearend me. She states she was looking at the radio.Her car was totalled.

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Attorney answers 5

Posted

Simple answer is: yes, based on your description of the collision, you likely have a viable claim against the responsible (negligent) other driver. Missing work is not required before you have such a claim. However, if you have not sought medical treatment of any kind, your claim for bodily injury will be difficult to prove. The bigger question may be whether you should seek medical care or not. If you are suffering from severe or nagging injuries, you should seek the advice of a medical professional. If you have Medical Payments coverage on your auto policy, submit those expenses to your insurance carrier. If not, try your health insurance carrier. If no coverage there, you may need to find a physician who will treat you and be willing to accept payment later.

For a better understanding of your rights, you should contact an attorney in your area specializing in personal injury/auto accident cases.

Good luck.

Posted

If you are injured you should seek medical attention. Without a diagnosis of an accident related injury you should not expect much in the way of a settlement.

The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on avvo.com is not privileged and you should not share confidential information over this forum.

Posted

Generally, yes. However, in any negligence action, you need to prove duty, breach, causation, and damages. In this case, you will need to show that the car collision caused the whiplash, and be able to prove the damages. In whiplash cases, which I prefer to call a cervical acceleration - deceleration injury, you will need to provide medical testimony of the injury.

You need to consult with a local personal injury attorney who is familiar with the local rules and statutes pertaining to car collisions.

This answer is for informational purposes only. DO NOT rely on it as legal advice. Many times there are not sufficient facts to properly respond to a question. Nothing in this answer should be construed as creating an Attorney-Client relationship. If you need legal advice, you should contact a licensed attorney.

Posted

The short answer is yes. I think that the main concern should be for addressing your injuries and seeking the medical attention that you appear to need. Dizziness and nausea may be signs of a potentially more serious condition than just "whiplash." If you have health insurance, take advantage of it and get the treatment needed to address the symptoms. If no health coverage, then look to whether you have "med pay" coverage under your own auto insurance policy. If that still doesn't work, check with a local PI specialist. He or she may be able to direct you to a qualified doctor that is willing to treat you on a lien.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Posted

The simple answer is yes, you can sue. The law related to injuries sustained in motor vehicle accidents in NY requires that the injury be deemed "serious" within he meaning of insurance regulations. For a soft tissue injury this requires objective medical proof of injury that significantly impacted you in at least one of several enumerated ways. It is very important that your injuries are medically documented in order to have any chance of successfully prosecuting a claim.

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