car accident

by Guest » Tue Mar 27, 2012 11:45 pm
Guest

I was involved in a car accident in which a lady run up the back of us while we were stationery at a set of traffic lights.
My girlfriend and I both suffered whiplash from the accident and I was off work for a week as I wasn't able to take deep breaths for a week.
I am awaiting for the repairs to start on my car which are expected to start on the 16.04.12. I got her details and also reported the incident to the police.
I attended the hospital which is when I found out I had whiplash. The hospital told me if I wasn't any better in a few days to see my local GP. Three days later I attended my GP as the pain was still here and I was ordered not to attend work for the rest of the week.
As I haven't done anything like this before I am wondering if I could be entitled to pain and suffering and anything else.
I claimed 1 weeks sick leave because of the accident.
I provided medical certificate as well to my employer.
Please advise.
Thanks

Total Comments: 4

Posted: Tue Mar 27, 2012 11:52 pm Post Subject:

I am wondering if I could be entitled to pain and suffering and anything else.

Most likely but it depends on what state you are in.

Posted: Wed Mar 28, 2012 03:44 pm Post Subject:

As tcope says, it really depends on what state you are in. In most cases you will be entitled to some money, but how much and how to go about making the claim varies from State to State.

Posted: Thu Mar 29, 2012 02:03 pm Post Subject:

but how much . . . varies from State to State.


That's not exactly correct. Although some states may not allow "pain and suffering" claims under certain circumstances, the value of those claims is arbitrary, and not defined in state law. As for specific damages, such as lost wages, those are easily measured in terms of real dollars. And they are 100% recoverable.

Unfortunately, the OP has no loss of wages because he (apparently) obtained paid sick leave for his week off work. It could be argued that he has lost a week of future paid time off, but until he actually runs out of that paid time off and then loses more time off, he has no present loss (he might never take any time off in the future). If his employer will restore his used sick time by repayment of the amount of wages paid, that would be a compensable claim -- but only if the money is paid to the employer.

Posted: Thu Mar 29, 2012 02:37 pm Post Subject:

Although some states may not allow "pain and suffering" claims under certain circumstances, the value of those claims is arbitrary, and not defined in state law.



The OP asked if they were entitled to PS... not what the loss was worth (at least that is what I quoted and answered). This would certainly change state to state. MI for example... a true no-fault state. The OP could not collect for PS from the at fault party.

Unfortunately, the OP has no loss of wages because he (apparently) obtained paid sick leave for his week off work.

Most state would allow the OP to collect for this as they now have lost those days off to use at a different time (as you mentioned) but there in many states there is a lot of case law that would allow the OP to collect. The loss is using those days now. They no longer have them, they _have_ used those days so they are not available later, hence the loss was incurred now.

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