Should I sue?

My wife was on the I-5 south on Tue. The traffic was bumper to bumper and she had her foot on the break because the traffic was moving. Then a truck behind her that had to have been going 30mph destroyed the entire rear end, bumper. And rear end window. She was in shock and shecouldn't move she finally checked

My wife was on the I-5 south on Tue. The traffic was bumper to bumper and she had her foot on the break because the traffic was moving. Then a truck behind her that had to have been going 30mph destroyed the entire rear end, bumper. And rear end window. She was in shock and shecouldn't move she finally checked on our son and moved the car to the side. She was rushed to the hospital after the accident The baby had scratches all over his body and she still has pain in my back, shoulder, and arm. The truck was a freightliner 2x from Penske. She is too scared to go in a car, when shes in the car she screams and gets scared that its going to happen again. Shis she almost fainted today. She has horrible headaches because her head swung front and back during the accirent. She keeps getting dizzy. I'm scared for her and my son. He won't sleep. He wakes up crying every hour of the night. I want justice for my family..but do we have a case?

Best Answer:

confused_girl: Get a personal Injury Lawyer QUICK. Do not talk tot the truckers insurance company. Keep all medical bills even for things like aspirin. Keep a diary of every ache and pain and nightmare.

And do not fall for people approaching you on Facebook asking about your accident.

Let us go back to get a personal injury lawyer QUICK.

That person will not charge you until the accident, that was not your wife's fault, is settled.

Remember : PAIN and SUFFERING!

Other answer:

"you want justice for your family"??????
GET OVER YOURSELF! The other driver did NOT intentionally cause the accident. THAT IS WHY IT IS CALLED AN ACCIDENT!
It's not like your child was killed like the poor little toddler was in Compton on Tuesday night because her daddy's gangbanger "friends" tried to come after him and instead got the baby!

The first step is NOT suing. In most instances, it doesn't make sense to every sue.
The first step is to file a claim with your insurance company, did you do that?
Depending on your insurance coverage that may be all you need to do.

Last summer I was in a rear end accident on the 1-5 South also. We were right next to the Dodger Stadium exit. We were in the front car and stopped, like your wife. We were hit from behind and then another car hit both of us. The CHP, fire dept, and ambulances all came.

The CHP report will take a couple of weeks to get. If you got the information for the company that truck driver is from you can contact them beforehand. Otherwise, you will have to wait until after you get the CHP report which will include all the drivers insurance information. The truck drivers insurance will cover your medical bills and car damage. They might even provide a bit more for pain and suffering.

As for your wife, if she can't ride in a car without screaming or fainting, she was mentally unstable to start with. The insurance payment will not provide extra because of this. She is treated like any other person.

As for the child, it sounds like he is more upset because of the attitude of the family vs the actual accident and minor injuries. You and your wife need to stop showing your emotions around your child and the child will stop having difficulties.

Instead of worrying about how it happened, be thankful for what happened. Everyone has minor injuries, was able to walk away from the accident and will be healthy again in a few weeks.

First, see how much you can get the insurance company to pay you if you don't sue. Once you start to sue, the option of getting some money without going through the entire process of suing may be taken off the table, and you might get nothing.
Of course, accidents can happen to anyone, anywhere, there is no way for us to foresee it, however, it would be best for you to hire a personal injury lawyer to assist you with all of your concerns including claim and compensation for the damages. Your wife and baby are probably fortunate that they only got scratches from the accident, however, you have to be wary if it leads to serious complication like head trauma or brain injury. Therefore, a personal injury lawyer is your best bet as they are in a better position to provide legal representation for you and your family who are victims of a car accident.
With a rear end accident, there is NO dispute of fault.

Your wife most likely has "whiplash" which is common in a rear end accident. Your baby, "scratches" was that from the rear window that broke due to the accident?

Forget suing or hiring a lawyer, since any lawyer will take 33% of your wife's and babies injuries. Most likely, you will get TONS of brochures from lawyers "salivating" on your rear end accident, since as I stated, there will be NO dispute of fault,nor of the injuries, since this is an "easy" case to collect and you end up with less.

You want a lawyer, when they dispute fault or injuries and this case there will be NONE.

The semi's insurance will pay for your vehicle damages asap, and once your wife is done treating they will settle an injury claim on your wife and your son.

Do you want 100% or 67%, your choice if you hire a lawyer.

The trucker insurance will pay for the medical bills and car repair but don't rush to settle the claim the whiplash can get worse. She will adapt to riding in cars again since she is already trying to deal with it and your son will get better with time too.
Brian Mcilwee:
Yes. You do not know what the long term damage is to your family. A good lawyer will consult with you for 15 mins and tell you if you have a case.

But you probably do.

you need a good accident attorney first.. let them to the work. He would normally sue the owner of the truck, the driver of the truck and the company the driver works for… but he needs to make that decision not you
Re Vera:
Of course you have a case. You were rear-ended by someone. Get a PI lawyer.
Talk to a lawyer or your insurance company, get both the kid and the wife to a doc and possible a counselor.

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