How do I make a claim for pain ans suffering?

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How do I make a claim for pain ans suffering?

I was involved in a car accident in which a DUI driver hit me from behind at night. The driver was arrested and at the time I did not think I had any injuries but early the next morning I woke up with migraine, whiplash and back problems. My 5 year old was in back seat and had just minor aches for the following few dys. I am receiving physical therapy, was off work for 2 weeks and stil have migraines and neck and back issues. My car was totaled. My insurance has already cut check to replace my car and is taking car of medical bills but can I also ask for pain and suffering?

Asked on August 26, 2012 under Personal Injury, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 11 years ago | Contributor

Yes, you are entitled to compensation for your medical bills, lost wages and pain and suffering.  It is very difficult to estimate the value of your case without knowing all of the facts of the accident and your treatment.  That being said, you are entitled to compensation.  Handling a personal injury claim on your own can be very difficult.  I would suggest you contact a personal injury attorney in your area who can help you resolve this matter.  There are deadlines and laws that you need to comply with when you are attempting to settle a case like this.  The insurance company is going to have a professional on their side and that person's job will be to find a way to pay you as little as possible.  You should have an experience professional on your side as well.  


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