What to do about injuries suffered in a car accident?

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What to do about injuries suffered in a car accident?

My car was rear-ended and deemed to be “totaled” by my car insurance company. I was hospitalized for a short time.I missed 2What work days due to a stiff neck. That is now healed. I also received a tel. call from an officer who was at the scene. He informed me that he had arrested the driver for DUI after I was transported to a hospital. This was at 8:30 am. I am considering a lawsuit. If you have referrals for low cost or free legal service, that would also be helpful.

Asked on May 4, 2012 under Personal Injury, California

Answers:

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

Answered 9 years ago | Contributor

Since your insurance company is handling your property damage claim, this means it is an uninsured motorist claim.  Your property damage claim is separate from your personal injury claim.

Although you have had some medical treatment, you may need additional medical treatment such as physical therapy.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with your insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury 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 insurance company, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault driver/registered owner of the vehicle (if someone other than the at-fault driver).  If the case is NOT settled with the insurance company, your lawsuit against the at-fault driver/registered owner needs to be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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.

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