What are my rights if I was rear-ended while stopped at a red light?

I'm a South Carolina Personal Injury Lawyer. Your questions are good ones, but they are more of medical questions rather than legal questions.

If you would like to call I can tell you what you need to know.

Robert J. Johnston 843-946-0099

Whether the accident caused or aggravated the disk problem and/or arthritis is something to discuss with your physicians--this website cannot render any opinion or guidance on that.

IF it is the case that the accident caused or exacerbated the condition(s), you could sue the other driver to recover the medical costs, lost wages (if any), and possibly pain and suffering you have incurred due to the damage the collision did to your body. (So if you had some condition already but the accident made it worse, you could recover only for that exacerbation or worsening of the condition, not for its existence.) Since the rear driver in a rear-end collision is presumed to be at fault--that is, is usually considered to be at fault except in unusual circumstances--you would seem  to have a case which would be worthwhile to discuss with an attorney.

The medical reports will determine whether your injury was caused by the accident or aggravated by the accident.

You have separate property damage and personal injury claims to file with the at-fault party's insurance carrier.  The property damage (cost of repairs to your vehicle) is usually resolved early in the case.

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 any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will 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 the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party / registered owner of the vehicle (if the registered owner is someone other than the at-fault driver).  If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.