If sore and shaken up from being hit from behind, should I file a claim?

About 4 days ago, my car was rear-ended. The damage is estimated to be around $2500. I went to the ER next day because I was in pain and still shaken up. Nothing was broken but I am sore, limping and have headaches. I’m going to my own doctor today for an examination. The person who hit me is insured. What is your recommendation regarding getting a lawyer insofar as claiming injuries?

Asked on August 13, 2018 under Personal Injury, Iowa

Answers:

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

Answered 2 years ago | Contributor

It is advisable to be represented by a personal injury attorney.
The attorney will notify the at-fault party's insurance carrier 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, medical reports, and documentation of wage loss. Your claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled, 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.
If the case is not settled, 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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