QUESTION

Is it too late to file a claim on an auto accident if it happened a month ago?

Asked on Oct 14th, 2011 on Personal Injury - Colorado
More details to this question:
I was in a auto accident 20 years ago that messed my neck up and I was sited at fault. I was in a recent accident 1 1/2 months ago as a passenger. We were stopped along with another car behind us. A 3rd car lost his brakes and hit them which hit us. My fingers and were numb on and off a few months ago. As soon as the car hit us, my fingers have been numb ever since. My pain specialist Dr. said they are numb now but it will turn into pain. I couldn't get in to see my pain specialist until now because it was numb and not pain. A lawyer won't take my case now because I waited and they advised me to contact their auto insurance, tell them they need to pay medical bills and any compensation based on what the Dr. says. Is that smart? What do they need in order to pay my medical bills now and compensation in the future?
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12 ANSWERS

Personal Injury Attorney serving Evanston, IL
3 Awards
No.
Answered on Jun 03rd, 2013 at 1:01 AM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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No, it is not too late to file a claim for an auto accident if it happened a month ago. Please contact my office immediately so that we can assist you with your case. I am not sure why the attorney's office advised that he could not assist you, but it appears from the facts you have presented that you have a case for which we are interested in representing you. I look forward to talking with you soon.
Answered on Oct 17th, 2011 at 4:39 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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First, 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 were supponsed to have done this within the first 30 days, so that may be what your lawyer was talking about, but give it a shot anyway, you have nothing to lose. Give an explanation as to why your claim is late, it might still be accepted. If they accept the claim, you can 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. You may have what is called an "exacerbation of a prior existing condition" or an injury on top of an injury. It will take some medical tests and careful analysis to figure out what the recent accident did to you. if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. Exacerbation of a prior condition can qualify, but as mentioned above, it will take some work to figure it all out.
Answered on Oct 17th, 2011 at 3:36 PM

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No its not too late. See another attorney.
Answered on Oct 17th, 2011 at 1:21 PM

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Assault Attorney serving Richardson, TX
2 Awards
It is not too late. It may be a problem if you have not notified your carrier so do it if you have not done so. Contact another attorney to get a second opinion. You are welcome to contact us if you are near the Dallas area.
Answered on Oct 15th, 2011 at 2:49 AM

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Truck Accidents Attorney serving Indianapolis, IN
3 Awards
It is not to late to make a claim. If you have a pre-existing condition that is made worse in your recent wreck then you should make a claim. I would suggest that you check with a different attorney and get a second opinion. Your doctors will need to explain how this recent wreck aggravated your condition.
Answered on Oct 14th, 2011 at 11:50 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Generally, you must file a claim for No Fault benefits within thirty days of the accident unless you have an acceptable excuse. In order to sue for being injured in an car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. You really need a lawyer to take your case to sue.
Answered on Oct 14th, 2011 at 10:29 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Waiting a month to seek care is probably fatal to your case. Your excuse that you couldn't see your pain specialist until now because it was numb and not pain is not believable.
Answered on Oct 14th, 2011 at 6:42 PM

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Railroad Injuries Attorney serving Portland, OR
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I can't tell from your email what condition you were in before you were in the recent collision. If your doctors think that the recent collision significantly worsened your condition, then you may have a good claim against the driver who just hit you. I'd suggest that you talk to another lawyer.
Answered on Oct 14th, 2011 at 4:02 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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When you are injured in a collision you need to seek ER treatment, then follow-up with regular care. If your doctor says that this collision caused your problem, and not something from 20 years ago and not something from months ago you still have a claim. The value is diminished because you did not seek proper care promptly and the value is further diminished because you have 2 pre-existing conditions (20 years and some months) it is not a good case and not a clean case but you have some kind of case if the doctor will corroborate that you have a genuine injury. If your lawyer is not interested in a messy claim some lawyer will probably help you. But don't expect much from the system. If you can’t find a lawyer sue the lady in small claims court up to $5000(What I call the Judge Judy court). Make sure you have a doctor to back you up.
Answered on Oct 14th, 2011 at 3:57 PM

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Personal Injury Attorney serving Boston, MA
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In Massachusetts, the initial $2000 in reasonable and necessary medical bills is paid by the car insurance of the car you are in. This portion of the insurance policy is called personal injury protection benefits. It will also pay 75% of your lost wages, as well. Any medical bills above and beyond $2000 would then have to be submitted to any private health insurance you have. Have your doctor submit his/her bills and records to this insurance company. As far as hiring an attorney, I don't know how many you have talked to, but I would suggest you keep trying.
Answered on Oct 14th, 2011 at 3:33 PM

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Products Liability Attorney serving Durango, CO at Law Offices of Richard Copeland, LLC
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It's not too late to file your claim. Whether or not you'll need an attorney will depend on the extent of your injuries. Also remember that you cannot recover from this accident for any physical damage, pain, etc., you had from the past.
Answered on Oct 14th, 2011 at 3:32 PM

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