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Can i sue the driver who hit me

North Port, FL |
Attorney answers 8

Posted

Yes. Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors.

Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious.

For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law.

Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.

Posted

Yes you can. And while I am not a FL lawyer, I agree completely with Mr. Phillips. Search for one of the lawyers on this site (like Mr. Phillips) as opposed to hiring someone based off a TV ad. They will spend much more time with you and your chances of getting a greater recovery are much better. Best of luck.

Posted

I won't get into the whole "can I sue" versus "should I sue," as I have done so many times on this forum. Keep in mind that an injury claim can be asserted without filing a lawsuit.

Bottom line: In Florida, a doctor must give an opinion that you have suffered a "permanent injury" for you to be eligible to receive pain and suffering damages. Without such an opinion, you are limited to recovering medical bills and lost wages.

Soft tissue cases, such as a "strain," do not have much value in the eyes of insurance companies and juries, and so an experienced lawyer probably would not file a lawsuit if that was the extent of the injury (the costs would outweigh the benefits).

Contact a lawyer and discuss your options.

All my best,

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

Posted

Yes.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

You may want to get further testing to properly diagnose this injury, and you should retain a local personal injury lawyer to investigate a potential claim.

Posted

This is a cost-benefit analysis. You are suggesting the expensive route when it may be just as easy to submit the claim and settle outside of court. Call a local car accident attorney and see what they recommend in your case.

Posted

The first thing to do is to follow-up with a medical care provider regarding your injuries. Next, if you wish to make a claim against the at-fault driver for your injuries, retain a personal injury attorney to help you navigate the process. Filing a lawsuit is something that may become necessary down the road, but a personal injury attorney can assist you in pursuing a possible pre-suit settlement for your damages against the at-fault driver's insurance company. A personal injury attorney can also help you with many other issues in connection with your accident, including accessing PIP benefits and dealing with the property damage issues, if any. Best of luck to you.

Ian M. Thomas, Esq. - Tripp Law Firm, P.A. - www.trippfirm.com The above answer should not be construed to constitute legal advice and does not create an attorney-client relationship. This information is intended as educational only and you should seek a qualified and experienced lawyer with questions about your legal rights. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask for free written information about the lawyer's or law firm's qualifications and experience.

Posted

get medical care. If you have an injury that does not fully resolve with treatmentm you should pursue the matter. That does not necessarily mean a lawsuit, but it might, if negotiations fail.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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