If I was rear-ended by semi-truck, can I get compensatedfor mental anguish as well a physical injuries?

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If I was rear-ended by semi-truck, can I get compensatedfor mental anguish as well a physical injuries?

A semi-truck hit me 4 times at 65 mph on highway and totaled my car. I didn’t go to hospital but was severely traumatized from very intense collisions and could’ve died. Trucker was cited for improper lane usage and trucker’s insurance will pay for my car but will they pay for my chipped teeth and broken glasses, cuts on my hands, etc? Also, will they pay for my mental anguish and suffering from the accident? I have severe anxiety about driving now and my psychiatrist has documented it and have had to take increased dosage of anti-anxiety medication as well to cope. Should I sue trucker for negligence?Should I speak with a personal injury atttorney? I’m in Highland Park, IL.

Asked on January 18, 2012 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should definitely speak with a personal injury attorney. You can potentially sue for and recover 1) medical costs, both current and projected future; 2) property damage (e.g. your car); 3) lost wages (if any); 4) pain and suffering, if there is long term disability or pain; and 5) other out of pocket costs (car rental, towing, etc.)--or more accurately, you could recover these costs to the degree they have not not been paid by your own collision or health insurance.

You most likely cannot recover for "mental anguish" per se--that is generally restricted to cases where there was a deliberate attempt to harm you, or you witness a family member dying--but you may be able to recover for the cost of anti-anxiety medicine if necessary to your functioning. It is something to discuss with your attorney.


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