I was rear ended. How much money should I get for a painful neck injury?


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Question:

I was rear ended. How much money should I get for a painful neck injury?

Answer:

When it comes to car accidents, a rear ended neck injury is common. Whiplash, or even broken bones, are a common result of being flung forward and then back when your vehicle is impacted by a rear end collision. Further, since the car in the back has a legal obligation to maintain a safe driving distance, it is likely that you'll easily be able to prove the other driver was responsible for the accident. All this can mean that you are entitled to get compensation for the accident that occurred. But, how much compensation should you get for the injuries?

The answer depends on where you live. 

  • In no fault states, it doesn't matter who was at fault. Unless your injuries fall within the law's legal definition of "serious" injuries, you'll still be making your claim with your own insurance company through personal injury (PIP) protection. Here, the money you get will be actual damages only- medical bills and lost wages. The only way to get compensation for pain and suffering is to prove your injuries are serious enough to permit you to sue. This means, in most cases, that they must be either permanent or disabling or very expensive to treat
  • In a fault state, you should be compensated fully for the pain you have endured by the insurance company of the driver who was responsible for the accident. Full compensation includes medical bills, lost wages, pain and suffering and emotional distress. You can get this compensation if you are offered a fair settlement that you decide to accept, or if you file a lawsuit and the jury awards you damages. 

To get help determining what your options are for collecting compensation for your neck injury, and for help determining how much compensation you should receive, you should strongly consider speaking with a lawyer. 

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