Auto Insurance Claims: accident, economic damages, swift payment

Question
I was sitting at a stop sign and rear ended. The car hit me
so hard her license plate was embedded in my tail pipe. My
bumper came off. The police came out and took information. It took so long to get her information I used my insurance.Finally they did getn her insurance info but i've been out of money for deductable co-pays for doctor used my own health insurance and missed 3 weeks of my part time job. can i ask for pain and suffering in this case

Answer
Lois,

In response to your question of whether you can seek pain and suffering the answer is it depends. The laws of every state vary a bit. In Florida, a No-Fault state, you only get non-economic damages (pain and suffering and things of that nature)if you sustain a permanent injury. This is usually a finding made and documented by a treating doctor. No Fault means that you get your bills paid by your own insurance company regardless of who caused the accident. In return for getting the swift payment of medical bills regardless of fault, you give up the right to sue for non-economic damages unless you have sustained what is determined to be a permanent injury. The laws of each state define what a permanent injury is a bit differently.

You may be able to discuss this with your doctor or do some research on line. You could also consult with a local attorney.

Best of luck.

Marc B. Nussbaum, Esquire.