Last May my three sons (18, 14, and 10) and I were rear ended. There weren't any major injuries, but I suffered from pain in my back and anxiety, my blood pressure went up, and sleeplessness. Do we each get a settlement amount?I did seek medical attention and my doctor prescribed some muscle relaxers, that I took for about two weeks, and I had an x-ray done. The result from the x-ray didn't show any damage related to the accident , not even soft tissue damage. What are my options?
It doesn't appear that there are a lot of actual physical damages to your body. If you or a family member is injured as a result of another party's negligence, then you are entitled to be made whole. That is, put back in the place you would have been had the injury never occurred. The law makes you whole with money to compensate you and your family for damages. You have to be able to prove these damages as has been pointed out. (Sometimes adjusters will pay even a small amount when there are no actual or special damages just to get rid of a case. If you have pain alone and anxiety without any actual physical damage to your body supported with treatment notes from a doctor, your case wouldn't be worth very much in my professional opinion. Especially, if the property damage is minor. A settlement under these set of facts is sometimes referred to a nuisance value settlement. As has been pointed out, you can usually find a local personal injury attorney to discuss your case for free.
No. All, some or none. Contact local and qualified counsel now. Learn your rights. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Probably, but getting hit does not necessarily mean you get paid anything more than a nominal amount. Getting injured does. Document the injuries everyone received because that is what the at fault driver's insurance company, if you are unrepresented, or your attorney will focus on.
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Anyone who was riding in the car that received an injury may have a claim for money damages. But there are other factors to consider. Mainly, if the other car had liability insurance and if they have accepted responsibility.
I suggest you contact an attorney to discuss your options.
Good Luck, Coby
A local personal injury lawyer would pursue compensation for all injured victims. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
Probably. Did anyone get medical treatment? Do you have any documentation?
With Children, claims are handled different ways. Some Insurance companies will pay to the parent and some will only pay with a friendly suit and money into the courts registry.
You should contact a lawyer near you in Houston or Katy who can help you. All of us who respond are contactable. Remeber, Texas has a two year statute on PI claims.
A settlement from an insurance company is based on negligence against their insured and an injury. In your case, you have the negligence (rear-ended) I'm not too sure about everyone's injury, though. I would consult with a personal injury lawyer in your area to have your claim reviewed. The mere fact someone was rear-ended doesn't, in and of itself, create a claim an insurance company will pay money on ( I'm talking about a bodily injury claim, not property damage.)
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Each person may be entitled to a settlement amount if they have suffered injuries as a result of the motor vehicle accident. Since you have suffered injuries and possibly have been treating for these injuries you could make a demand to the insurance company to compensate you for such.
Only people with provable damages can recover. Settling claims of minors often involves court oversight. Your 18-year-old needs to make his own decision about settlement.
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. The Guides can be accessed through my profile page on Avvo.com.
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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.
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.
"Pain in your back..." is an injury. Have you sought medical treatment for your injuries? You need to schedule an appointment with a personal injury lawyer.
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