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Suing for “Pain and Suffering”

Posted By: Jamie Sasson

Q

In Oct 2013 I was rear-ended by a truck who pushed my car into another car. The driver of the truck took full responsibility and my insurance and his has been paying all of my bills. I had a pre-existing issue with my neck (pinched nerves and bulging discs) which I informed them of immediately. I had previously had injections (1 in 11/12 and another in 2/13) for the pain, headaches, muscle spasms, etc., and was feeling good for 8 months when the accident occurred. Immediately following the accident I began having daily headaches, pain, muscle spasms, etc. again. I went to a doctor who did an x-ray and diagnosed me with Whiplash. I tried meds which didn’t help and physical therapy which also didn’t help. I was then referred back to my pain management doctor who wound up giving me 6 injections to relieve the symptoms. I just had them 2 weeks ago and they seem to be working. I am finally headache free for the first time in more than 2 months! I have not sought out the assistance of a lawyer but do feel that once this is all over I should be provided compensation for, literally, the pain and suffering I have endured. I had to work every day through November and December because I had no leave time available due to a surgery I had in June. I went to appts on weekends and very early mornings in an attempt to not miss work. This has all been a burden on me. The insurance has been great handling all vehicle repairs, the rental car and paying for all appts but I need to take care of me. I have no idea what I would be entitled to or what would be fair to ask for. I don’t want to ask for more than I deserve…but what is that? I truly appreciate your input and thank you for having this available for someone like me!

A

Thanks for the kind note, I am happy to help people in need, such as yourself

It sounds like you have solid case.  I definitely think you should come in and meet with me, so I can evaluate your claim.  There is no charge, and it is a free consultation.  I need to make sure you did not sign any release with the truck company.  If you did not sign a release or settlement agreement, you are correct you could be entitled to pain and suffering damages awarded by a Court.   We would not charge you anything, unless we got recovery from the driver.  It seems the driver has insurance, so that is a good thing.

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