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Lost control of my vehicle and got thrown into a tree, Can i get pain and suffering claim?

Waynesboro, MS |

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?

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Attorney answers 7


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.


I doubt that the tree has liability coverage. Perhaps if the tree was "dangerous" within the meaning of the law the property owner may have legal liability. Good luck and happy holidays.

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


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.

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Could be a defective road case if that was the cause.

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Unless there was another individual, corporation or entity that caused the loss of control, NO.


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.

The information provided does NOT create an "attorney client" relationship with JEFFREY E. ESTES, PROF LAW CORPORATION and JEFFREY E. ESTES, ESQ., and is based upon incomplete information at best. Therefore, the opinion rendered cannot be relied upon solely in making a decision. I would refer to the local Bar Association Referral Service for a name of an attorney that you can retain to give you a solid answer


Unless someone else caused the accident, it is highly unlikely that you would be able to collect for pain and suffering. If you were able to collect, then people would be smashing into trees and claimaing injuries.

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