Visitor Question

Can I get compensated for pain in an automobile accident insurance settlement?

Submitted By: Jill (St. Louis, MO)

I am 80 years old. I was the passenger in an automobile accident, another vehicle rear ended our vehicle. I plan on pursing an automobile accident insurance settlement.

I have fibromyalgia and after the accident the pain increased a lot. I would say it was over a 10 in pain. A claim is being processed and I’m wondering if I can get compensated for the increased pain and suffering I’ve had due to the accident? Thank You.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jill,

Certainly sorry to hear about your misfortune. Yes Jill, you have a claim for your actual damages including ambulance, emergency room, and doctors, if necessary. If you were not hospitalized you still have a claim for heat or cold packs, prescription and non-prescription medications, and just about anything else you would not have purchased but for the collision.

(When a vehicle runs into the back of your vehicle we like to call it a collision – not an “accident.”)

You also have a claim for Pain and Suffering for every minute after the accident you needlessly suffered and endured pain; Pain you normally would not have suffered “but for” this fellow’s negligence in colliding into the back of the vehicle.

Here’s a Tip: In addition to pursing a claim against the fellow who ran into you, you also have the right to file another and separate claim against the driver of the car in which you were traveling. Many people don’t realize that. You have the right to be compensated for your injuries. You should not sign any release documents until you fully understand what the documents mean.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 16, 2011

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