Should I pursue a lawsuit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Should I pursue a lawsuit?

A 17 yr old hit me from
behind, causing me to hit
the vehicle in front of me.
The accident was her fault.
My car has been totaled and
my insurance company is
offering 3000 less than
what I still owe on the
vehicle. I have minor bumps
and bruises, with sore back,
shoulders and neck. I was
cleared at the ER. I have a
rental car allowance for
only 5 days.

Asked on April 18, 2017 under Accident Law, North Carolina

Answers:

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

Answered 4 years ago | Contributor

The property damage claim is separate from the personal injury claim.
Since settlement offers for your property damage claim are unsatisfactory, your only recourse is to sue the at-fault party for negligence.  You should name the minor and her parents as defendants in your lawsuit.
You may need additional medical treatment because physical therapy is usually necessary for the injury to your back, shoulders and neck in a rear-end collision.
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 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 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.  Compensation for wage loss is straight reimbursement.
If your personal injury 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 at-fault party and her parents.
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.
You should file one lawsuit for your property damage and personal injury claims.  Therefore, you should wait on filing the property damage lawsuit mentioned above until your personal injury claim is settled or also needs to be litigated and can be included in the same lawsuit.


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