Pain from a lower disc injury after someone hit me on the freeway. How do I establish compensation for the injury?

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Question:

I was hit several months ago while driving on the freeway. The accident was the other driver's fault and I've been suffering from a lower disc injury and continuous back pain ever since.  I know I should be entitled to car accident compensation, but how do I establish that I should be getting compensation?

Answer:

If you want to establish your right to compensation for a car accident injury, you need to understand what the rules are for when and how you are compensated. This involves considering several factors:

  1. What the laws are in your state. If you live in one of the 12 states that imposes no fault rules, you will need to make a claim with your own insurer under the personal injury protection provisions of your insurance policy. This claim will be limited to damages for medical bills and lost wages. To claim pain and suffering damages and collect from the other driver in a no fault state, your injuries would need to rise to the legal definition of "serious," which a slipped disc may not do, depending on how severely it impairs your life and how expensive it is to treat. 
  2. Whether you can prove fault. Holding the other driver responsible for your injury will require you to be able to prove that the other driver actually caused it. if the insurer accepts fault, then they should be willing to make you an out-of-court settlement offer to avoid the risk of a large jury verdict. If the insurer does not accept fault, you may need to prove that the other driver was responsible either to the insurance company to get them to offer you a settlement or to a jury who can award you damages if they find the other driver was negligent. 
  3. Whether you can prove your injuries: You will also need to prove you suffered damage as a direct result of the car accident injuries. Provided you meet the other requirements to collect damages, you should be able to recover for medical bills, lost wages, pain and suffering and emotional distress related to the car accident and your resulting back injury. However, you will need to be able to prove you actually incurred such losses. 

After a car accident, the first step you should take is to seek medical treatment. After that, the best thing to do in this situation or in any situation where you are making a car accident injury claim is to speak with an experienced attorney. Your lawyer can assist you in deciding on the best course of action for holding the other driver responsible.  You can also visit the following reference links for additional information:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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