My car was totaled and I was injured by a woman who rear ended me, can I sue for pain and suffering and negligence?

In PA, whether or not you have a claim for pain and suffering depends on your tort selection.  If you are full tort, you have a claim.  If you are limited tort, you must meet an exception to make a claim for pain and suffering.  Regardless, you should speak to a lawyer as soon as possible.  If you wish to discuss the matter further, I can be reached at 570-215-5550 or by e-mail at tdbelt@fendlerlaw.com.

If you were rear ended, the woman travelling behind you likely failed to keep a proper look-out, pay attention to the other cars, maintain control of her vehicle and/or keep a safe distance of travel between her and the car ahead of her.  If you have suffered physical injuries, you should go to the hospital and treat for them.  You should also hire a lawyer to make a claim for the property damage of your car, including money for your medical bills as well as money for pain and suffering.  I believe that you certainly have a case here.  The lawyer you hire will take care of prosecuting the claim and your job will be to go to the doctor and get better or as good as you can get.  Hire a lawyer immediately.

As a general matter, if the other person is at fault, they can be sued. Fault in an auto accident generally depends on negligence, or unreasonable carelessness. If you were properly stopped (e..g hadn't just come to a halt in the middle of the road for no good reason), it is very likely that the person who rear-ended you was careless and at fault (especially if she was on the phone).

The second leg to a viable lawsuit is enough damages or losses to make it worthwhile. Many states, including, I believe, PA, have different types of insurance coverage available; if you opted for the less expensive, with limited tort liability, you have to meet a certain minimum threshhold of damage or costs in order to sue. However, since it's almost never worth suing unless you've suffered seveal thousand dollars of medical costs or some long-term or permanent scarring and disability, odds are that if its worth suing, you also meet the threshhold.