Visitor Question

Pain and Suffering for Soft Tissue Injury?

Submitted By: Anonymous

I was making a left turn at a green arrow, & the oncoming driver ran a red light, I hit my breaks to avoid colliding with them and the person behind me ran into me. That person who rear-ended me has accepted liability.

I went to the ER a couple of hours after the accident due to neck pain and a bad headache. I saw a chiropractor for 10 visits over 1 1/2 months. Damage to my bumper was only $800.00 because I was in a truck and the person at fault was in a car.

I had a soft tissue injury from being rear-ended. My bills only come to about $2700. Am I entitled to pain & suffering? If so, how much is reasonable?

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 Anonymous,

Of course you are entitled to reimbursement of all your expenses (assuming they have accepted 100% liability). As to your pain and suffering, each jurisdiction handles this a little differently.

In New York we have a serious injury threshold and if your injuries do not qualify as a “serious injury”, you will not be entitled to compensation. In other jurisdictions that do not have this threshold, you should be able to recover something.

However, as you have classified your injury as “soft tissue” and only treated 10 times over 1 1/2 months, I would not expect a lot.

Again, the amount would depend on which jurisdiction you are in.

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: November 12, 2009

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