On July 1st, I was rear ended by a minor who was borrowing her brother's Mercedes without a license and my car went through a steel pole on the sidewalk. I have gone to 2 pain management doctors as a result of severe whiplash in my neck. The PHD diagnosed me with the early onset of PTSD and the Physical Pain MD has been giving me injections and prescribed Physical Therapy 3 days a week for the past 6 months. I am still in excruciating pain and was wondering what my damages would be given that No Fault has been paying for all my treatment and I haven't missed any work yet.Also, the MRI showed a bulging disc in my cervical spine.
Whether to sue is entirely your decision. You have that right and should certainly consider proceeding. Best advise is to speak with an attorney, or attorneys, and then make an informed decision. No-fault benefits will eventually either be exhausted or terminated by the insurance company. Good luck and get well soon.
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
It sounds like you should, at least, consult with a personal injury attorney. It sounds like you have a case, but only you can decide whether or not you want to or should make a case for your pain and suffering.
As for the the answer to your question regarding what your damages would be, it is probably too early for anyone to tell you if they think you would be entitled to any at all or how much.
But that would be a question for the attorney you consult with or hire.
Yes I think you should see a local personal injury lawyer
The owner of the car is responsible
Your no fault benefits will max out at some point. You would be pursuing benefits beyond limits, pain and suffering. Time to talk with local counsel.
You should definitely at least speak with a local personal injury attorney to review everything for you and see if you meet the serious injury threshold under New York Law. You can use the AVVO find a lawyer tool to help you.
So sorry to hear about your injury. Please take the excellent advice offered by the lawyers here and get a trial lawyer now. The attorney will want to obtain cell phone records of the other driver to find out of this played a role.
Instead of jumping headlong into a lawsuit, which can be quite time-consuming and expensive, consider negotiating with the at-fault party's insurance company first.
Rather than try to do this yourself, however, your best bet is to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
I'm sorry to hear about your accident. I hope for your speedy recovery.
The decision to sue is entirely up to you. However, I'd say that this case is indeed worth pursuing. Since the at-fault person is a minor and is without a license, the parents can be held liable.
I suggest that you hire a personal injury lawyer immediately. With a lawyer, you can discuss recovering damages for your injuries, loss of wage, and even for mental and emotional distress. Be well!
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
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