If I was rear-ended by a truck carrying lawn equipment but sustained no real injury, am I entitled to any sort of compensation?

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If I was rear-ended by a truck carrying lawn equipment but sustained no real injury, am I entitled to any sort of compensation?

I sustained minimal injury just some soreness and anxiety.

Asked on November 3, 2014 under Personal Injury, New Hampshire

Answers:

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

Answered 6 years ago | Contributor

You can file a claim with the truck's insurance carrier for the property damage to your vehicle (cost of repairs).  If you need a rental car while your car is being repaired, the truck's insurance carrier should pay for that as well.

Property damage is a separate claim from your personal injury claim.  You will need to document medical treatment in order to have a viable personal injury claim.  

As for the soreness, you could go to a doctor and receive physical therapy.  As for the anxiety, you could go to a psychologist or a psychiatrist. 

When you complete your medical treatment and are released by the doctors or are declared to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items.

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 your medical bills.  Compensation for wage loss is straight reimbursement.

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 registered owner of the truck and the driver.

If the case is NOT settled with the at-fault party's 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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