bruising,loss of convindence in driving,chest and back dicomfort,anxiety,loss of sleep,in a brace neck for 2 weeks,education loss had to repeat class.

Get Legal Help Today

 Secured with SHA-256 Encryption

bruising,loss of convindence in driving,chest and back dicomfort,anxiety,loss of sleep,in a brace neck for 2 weeks,education loss had to repeat class.

Asked on June 10, 2009 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not sure exactly what the question is here--you list symptoms (for which you have our sympathy), but do not actually ask a question.

Assuming that you question is, what can you sue or recover for, typically it is very straightforward to recover for medical expenses and direct out-of-pocket  losses, such as the cost of repeating a class that you were forced to repeat. It is slightly less easy, but still fairly straightforward, to recover for some amount of pain and suffering for obvious physical injuries--such as the having to sleep in a neck brace for two weeks.

Where it gets trickiest is for "mental" losses, such as the anxiety or loss of driving confidence--proving it, and putting a number on it, are not simple, and you can expect push back or opposition from the driver and/or his insurance company.  Expect that it'd take more time and money  (for experts and the like) to recover for mental damage.

It sounds like you were driving your own car. I'll assume that the accident was at least in part, if not wholly, due to the other driver and you have evidence to back that up. If the other driver was insured, you should get yourself an attorney and have or her put in a claim against the other driver's insurance company. If the other driver was uninsured, but you had uninsured motorist coverage, you'll be claiming against your own insurance.

If neither you nor the other driver had insurance, then you'd have to hope you could recover from the other driver directly, which could be difficult--if they couldn't afford insurance, they may not have any assets to recover from.

To sum it up--you can recover for the medical, out-of-pocket costs, and probably physical injury, may be able  (with more difficulty) to recover for mental damage, but you'll almost certainly need a lawyer to do this. The only exception would be if there's insurance and you're only claiming for a small dollar value of out-of-pocket and medical costs--then you might be able to simply write a letter to the insurance company yourself and put the claim in directly.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption