Can I file a lawsuit if I was injured when my car was rear-ended and the surgeon recommend surgery but I don’t have health insurance so I can’t afford it?

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Can I file a lawsuit if I was injured when my car was rear-ended and the surgeon recommend surgery but I don’t have health insurance so I can’t afford it?

It’s only been a month since accident. I have 5 bulging lumbar discs .

Asked on August 7, 2014 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other driver was at fault (that is, negligent or careless) in causing the accident and your injury, you may sue him or her for your unpaid-by-insurance medical costs, lost wages, reduction in future earning potential (if any), pain and suffering for severe, long-lasting injuries, and property damage. The presumption is that the rear driver in a rear-end accident is at fault--he or she should have maintained a safe following distance and been paying attention, so as to brake in time--so it is very likely the other driver is at fault.

The problem for you is that, if the other driver or his insurer does not choose to pay quickly but rather delays or fights, a lawsuit can take not merely months, but even years, to resolve: you may need to seek other ways (e.g. a loan) to pay for needed surgery now, while the law suit is wending its way forward. In the meantime, don't delay any longer--speak with a personal injury attorney (many provide a free initial consultation; you can confirm this before meeting) about your case. Good luck.


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