I was in a car accident 2wks ago. The other driver driver and I were traveling in opposite directions. He came into my lane and hit me and I flipped three times. The paramedics came. I told them to take me to a certain hospital but they refused. When we got to the hospital, they only did a X-ray on what we said was hurting. My four year old daughter didn't get a X-ray at all. She has been complaining about her neck since the car accident, but I thought she was just sore because the hospital told me that she was going to be. Now she has a knot on her collarbone. I took her to the doctor and they did a X-ray and tells me her collarbone is broke and it had to happen in the car accident because it already started to heal. What can I do? I still wouldn't have known if the knot didn't appear. Please help me.
You need to talk to a personal injury lawyer immediately. Obviously, the most important consideration is getting whatever medical attention your daughter needs. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you obtain treatment. For example, I have relationships with several local doctors and have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial. Make sure to follow up with the doctor as necessary, for two reasons. First, and most importantly, follow up visits will ensure that your daughter's injury heals properly. Second, people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their doctor’s treatment plan.
You may have a claim against the other driver and, possibly, the hospital that you visited after the accident if the hospital was negligent in failing to x-ray your daughter and caused her injuries to worsen. Whenever you are injured as a result of another person’s negligence (carelessness), you may be entitled to compensation for (1) medical bills, (2) lost wages, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. An attorney can help you make a claim against the responsible parties so that you can get the compensation you deserve.
In the meantime, please do not speak to anyone in person or over the phone (except police) about the accident without an attorney present. Insurance adjusters and even hospital employees are trained to minimize the damages an injured party can recover and may try to get you to admit fault in the accident.
You should consult with a personal injury attorney as soon as you can. Two weeks have already gone by and the sooner an attorney can begin an investigation, the better. An initial consultation with a personal injury attorney is free, and an attorney will be able to tell you what steps to take next so that you and your daughter can get the help that you need. While it can seem bewildering, an experienced attorney will know exactly what to do so that you can get all the help that you need. I wish you the best of luck.
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