On Wednesday, July 27, 2011, my wife and I were stopped waiting to make a left turn into a Supermarket parking lot. About one or two minutes after my wife came to a complete stop; were rear ended hard by a late model SUV. I was the passenger and my wife was driving. I got out of our car and I approached the driver; who started to say she was sorry; she could not understand what happened because she did not see us. Her niece was a passenger in the SUV and said the same thing. I told them that I had had back surgery (2004) and that immediately after being rear ended I felt pain in my back, between my shoulder blades; my neck and a numbness in both of my hands. My wife complained of having pain between her should blades. The policeman called for an ambulance to have us checked out. The medical responder arrive and questioned/looked at the both of us. He said that he did not see anything obvious that would cause him to take us to an Emergency Room (ER). It was explained to us that we could leave and if anything developed we could either go to a hospital ER or see our personal physician. After three days the level of pain increased significantly for the both of us. I attempted to make an appointment with the family physician; however, I was advised that because of the Car Accident a referral was appropriate to a doctor with rehab facilities. Both my wife and I have an afternoon appointment in Waipahu tomorrow (Monday - August 1, 2011). I am retired from the U.S. Air Force and the U.S. Postal Service. While my wife operates a food business here on Oahu. I have not contacted any lawyer for legal advice; except for this inquiry. We are looking for medical assistance because of the increased pain/numbness. Additionally, I had two back surgical procedures in 2004. I have had surgical procedures to release trigger fingers in both of my hands. I am on medication to control the pain in my back, hands and feet. My wife is short handed and is working through her pain on a must do situation. I have attempted to provide all of the information about the rear end accident and both my wife and myself for proper evaluation of our situation. I am sorry if I have been too wordy but I do not see any alternative except to be wordy to give the proper explanation of our situation. My Question: Do we have any legal grounds to seek compensation for our injuries? if so, what kind of compensation would you think we could pursue? Mahalo XXXXX XXXXX time.
State/Country relating to question: Hawaii
As I mentioned in the previous page; the only thing I have done is to make the medical appointment with a doctor for my wife and myself. I have not contacted any lawyer or person for legal advice; with exception to this action I am taking with the "Just Answer" web site.
Do not worry. You and your wife can get the compensation you deserve. The driver of the SUV had a duty to look where she was going. She did not. Her passenger said the same thing. This is a rear end collision. She was negligent. Your case is worth three times your medical bills. Your wife's case is worth three times her medical bills. Get the medical treatment you need. Gather all your related medical records and bills. Gather all your wife's related medical records and bills. Get a copy of the accident report. Do not talk to the insurance adjuster about your previous surgeries. Report this accident to the other's driver's insurance company. Hire a local personal injury lawyer. Go on www.martindale.com. Good luck and remember to press accept so that I may get credit.
Former Torts professor and former personal injury paralegal
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).