Can I get paid for my pain in suffering and missed days from work?
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Can I get paid for my pain in suffering and missed days from work?
I rented a car. My friend was driving the car, had a accident and got charged. I was injured.
Asked on May 1, 2017 under Accident Law, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.
Your personal injury claim filed with your friend's insurance company should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with your friend's insurance company, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance company, reject them and file a lawsuit against your friend for negligence.
If the case is NOT settled, your lawsuit for negligence against your friend must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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