Q: Can a passenger in a vehicle claim "pain and suffering" even if she did not receive medical attention?
Hi there - I was in a car accident last month, along with my mother. The other driver was at fault - they passed the red light, when I had green. They hit me on the driver side and the car was totaled. I had to receive medical attention, but luckily it was just a sprained shoulder and neck (no physical therapy necessary). My mother did not get medical attention, although she said her neck was hurting a bit and she was just as frightened by everything as I was.
I have spoken to the other driver's insurance already and they offered me a settlement amount (basically 3x the amount of my medical bills), but I was wondering if my mother can also claim pain and suffering for this even if she did not receive medical attention? She was listed in the police report.
Thanks so much!
A: Generally she won't get much. A sprained shoulder can be serious. Had you called me I would advise you, sight unseen, to wait.Follow up if you have pain even if it's only lifting certain weights or in certain planes of motion.
A: Yes absolutely. She has a viable claim if she was hurt. Whether the insurance company will pay on that claim is a different matter.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
