What should I do if I was injured in a car accident?

I was rear-ended while sitting at a red light. I was the passenger and my boyfriend was driving. We are on the same insurance policy. The guy that hit us said that he “did not see us”. So far my injuries are whiplash, 3 herniated discs in my neck, extrusion of disc, and thoracic outlet syndrome. Currently my right hand and arm and very numb and I can’t use it due to the thoracic outlet syndrome (I’m right handed). I have been in a great deal of pain badly since the accident. I am a stay at home mom and have not been able to pick up my son.

Asked on June 25, 2014 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should notify the at-fault party's insurance carrier in writing that you will be filing a personal injury claim.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills and medical reports.

Your personal injury claim filed with the at-fault party's insurance carrier should include your medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party and registered owner of the vehicle if the registered owner is someone other than the at-fault driver.

If the case is NOT settled with the insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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