QUESTION
Can I sue for back pain in a car accident?
Asked on Sep 08th, 2011 on Personal Injury - Florida
More details to this question:
Can I still sue for back pain after 10 days later of getting into a car accident? It was the other party's fault. His insurance company is paying for the damage that was done to my car, but I didn't file for any bodily pain. Now after a week, I feel pain in my lower back and arms. What should I do?
23 ANSWERS
2 Awards
This is a very common occurrence. I suggest you immediately contact your doctor for an appointment to find out what is causing the pain. I would then suggest that you stop speaking with the insurance company of the at fault party and talk to an attorney before continuing those communications.
Answered on Sep 07th, 2012 at 3:50 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
3 Awards
If you are in pain then you should go to the doctor. It is not unusual for people not to be in pain immediately after a car wreck only to stiffen up or start having pain within a week or so. The most important thing is to get to a doctor and get help for your condition. You should ask the doctor if your back problems come from the wreck. If your doctor says it does then you can make a claim for your back pain and problems. If you were injured in the wreck you are entitled to be compensated for your injuries and damages.
Answered on Sep 12th, 2011 at 7:50 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
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Yes you can still sue for personal injury. In most cases in South Carolina, you have up to three years to file a personal injury claim. You should get medical treatment for your injury and worry about filing a claim later after you have idea of how bad the injury is. Often these back injuries resolve after a few months. If you have no insurance and can't afford medical treatment, you might try to find an attorney. I prefer that my clients have some medical treatment before they hire me so that I have some idea of how bad their injury is. However, if you cannot afford medical treatment, and attorney might be able to find a doctor who will treat you and wait to get paid out of your settlement.
Answered on Sep 12th, 2011 at 6:44 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You should file a claim for no fault benefits with your own insurance company right away and get the very best treatment you can. If it turns out that you have a serious injury, then you can sue.
Answered on Sep 12th, 2011 at 5:37 AM
1 Award
yes and its common to develop pain several days afterwardthe insurance will contest why you did't go immediately to check out your back.
Answered on Sep 12th, 2011 at 5:13 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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File a no-fault claim with your insurance company. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You may not be able to answer every question, such as "amount of medical expenses" if you haven't had any yet, just do the best you can and send it in immediately. Then, get the medical treatment you need. As long as the doctor signs that the treatment is medically necessary and related to the accident, you are covered. Many people don't realize at first how badly injured they are; explain to your doctor that at first you thought you would just be able to shake it off, but now you realize that the pain is not going away.
Answered on Sep 09th, 2011 at 8:01 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
See a doctor. Yes, as long as you have not signed a release with the at-fault insurance company you can still pursue an injury claim.
Answered on Sep 09th, 2011 at 8:01 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you can sue for injuries resulting from a car accident. However, there are several steps in the process that are more beneficial to you than jumping into a lawsuit. You need to discuss your injuries with a bodily injury attorney so that we can guide you along the process.
Answered on Sep 09th, 2011 at 7:40 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
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Make an appointment immediately to see a doctor. Go to Nowcare or a similar clinic and see a doctor. The longer you wait, the more resistance you will encounter. Tell the Nowcare nurse about the crash and the symptoms since. If the insurer denies payment, give me a call.
Answered on Sep 09th, 2011 at 7:35 PM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
No. You had 4 years to file a lawsuit.
Answered on Sep 09th, 2011 at 1:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Get yourself to an ER or family doctor yesterday. You have 3 years to make a claim for PI. Make sure you get proper medical care and are fully healed, then talk about settlement of the PI claim. You can settle the property damage separately and should do so. The fact that you waited a week tells the computer at the insurance company you were not hurt. You have to beat up on the computer and convince it you were hurt. Every day that you delay confirms the computers initial judgment.
Answered on Sep 09th, 2011 at 1:06 PM
Steven D. Dunnings
Under the no-fault law, in order to be able to sue for pain and suffering you must have an injury that is objectively identifiable (i.e. via x-ray, cat scan, MRI etc) and impairs your ability to perform your usual daily activities (usually means something that causes some substantial permanent impairment.
Answered on Sep 09th, 2011 at 1:04 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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See a doctor immediately! Injuries are only compensable if they are related and documented. Ten days isnt that long but dont wait to see a doctor.
Answered on Sep 09th, 2011 at 1:04 PM
You should go to the doctor as soon as possible for treatment. If the doctor thinks it is serious, or if the pain continues, you'll probably need additional treatment. In Utah, you cannot pursue a claim for bodily injury in a car accident until your medical expenses reach $3,000. Before that, your PIP coverage will cover your medical bills and wage loss. If you need further help, call an attorney.
Answered on Sep 09th, 2011 at 1:04 PM
Gary Moore
Go to a doctor immediately to document and determine the nature of your injury.
Answered on Sep 09th, 2011 at 1:04 PM
Personal Injury Attorney serving Chicago, IL
Partner at
Willens & Baez Personal Injury Lawyers, P.C.
You have the absolute right to make a claim for personal injuries even if your pain did not surface immediately after the accident. Of course, the responsible insurance company will claim that your gap in treatment weakens your case. They may or may not be right. I suggest you speak with a personal injury lawyer immediately.
Answered on Sep 09th, 2011 at 1:03 PM
Retain a plaintiff's personal injury attorney to seek a full recovery for you, including relief for your documented medical expenses and pain and suffering.
Answered on Sep 09th, 2011 at 1:03 PM
Houston D. Smith III
Absolutely. The statute of limitations is two years, and it is quite common for pains to develop weeks after an initial injury. Be certain to seek medical treatment to address your pain.
Answered on Sep 09th, 2011 at 1:02 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Immediately go to a doctor and have pain checked. If you do not go you will not be able to prove damages. If Dr. finds pain related to accident you will be able to sue for damages.
Answered on Sep 09th, 2011 at 12:59 PM
Personal Injury Attorney serving Missoula, MT
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Judnich Law Office
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Yes, that is actually quite typical that it took some time before you realized you were injured. Any personal injury attorney can help you out.
Answered on Sep 09th, 2011 at 12:58 PM
2 Awards
You have several options. First, do not speak with the insurance company until you consult with a personal injury attorney. It is okay that you are experiencing back pain 10 days post mva. In fact, this is very common. You don't have to file a specific claim with the other parties insurance company right away. In California, you have two years from the date of the accident to file a lawsuit for personal injuries if the at fault party is a private party. You need to speak with a personal injury attorney as soon as possible. Navigating the insurance system is very complicated and the insurance company will not pay you what you are entitled to. On average, injured parties who obtain a personal injury lawyer receive 3x more money in their settlements with the insurance company.
Answered on Sep 09th, 2011 at 12:55 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Get treated by the hospital, mention the accident, and see what transpires. The bills should be covered as related to the accident under Michigan No-Fault. A case for bodily injury is only available if you suffer a serious impairment of a body function. You might have, its too early to tell.
Answered on Sep 09th, 2011 at 12:54 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Report the MVA to your car insurance company and ask for an application for PIP benefits; also, go to your primary care doctor and ask him or her for a referral to a good orthopedic surgeon or a physiatrist, which is a relatively new medical specialty that deals with non-operable musculoskeletal injuries, which is the type it sounds like you suffered. Do not give the insurance company for the at-fault driver a recorded or written statement, and you may even wish to consider retaining a personal injury lawyer.
Answered on Sep 09th, 2011 at 12:52 PM