Visitor Question

Concussion and whiplash after getting rear ended at red light…

Submitted By: Guest (NY)

I was waiting at a red light, my car completely stopped, and suddenly was hit very hard from behind by a driver going at least 30 mph. After getting hit very hard from behind, my car lunged forward and hit the car in front of me. I suffered a concussion and now have whiplash.

The driver who rear ended me was 100 percent at fault, and this person’s insurance company is paying for the damage done to my car, which cost almost $5,000 dollars.

What types of options do I have here if I wanted to file a lawsuit for a personal injury? Would the insurance company be willing to compensate me for suffering a concussion and whiplash due to their driver being at fault? Not sure what to do here. Thanks for any information.

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 Guest,

Fortunately your injuries weren’t more serious. In addition to the repairs to your car, you have a right to compensation if you sustained whiplash and/or a concussion which required medical treatment.

If so, you have a right to compensation for the medical treatment and therapy, your out-of-pocket expenses (for such items as medications, bandages, costs of travel to and from treatment, car rental if applicable, etc.), lost wages (if you had to miss work due to the injury, its treatment, and/or your recovery time), and an additional amount for your pain and suffering.

Your injuries don’t appear serious enough to require legal representation. Unless your medical bills are in the area of $3-5 thousand dollars or more, you will likely not find an attorney to accept your case. There just wouldn’t be sufficient profit in such a case for an attorney to put in the time to work on it.

Instead, gather copies of your medical records, medical bills, receipts for out-of-pocket expenses, and a written letter from your employer verifying any days missed from work and the amount of wages you lost as a result of the car crash.

Contact the driver’s insurance company and tell them you want to file a personal injury claim. Personal injury claims are usually handled by a separate claims adjuster apart from the one you may be dealing with for any property damage.

Be sure to get the claim number from the insurance company. You will be contacted by an adjuster who will speak with you, investigate the claim, and ultimately negotiate a settlement.

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: June 18, 2017

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