Question Hello. I was recently in an accident(Monday July 16th). It involved three vehicles. I was the last vehicle hit. Clearly the first vehicles fault. My vehicles was in the turning lane waiting to get into traffic. I was rammed on the driver side with the vehicle going about 35 to 40mph. There was considerable amount of damage to my new 2007 suv. The mistake i made was not going to the ER when the paramedis asked me. The next day, I began suffering from neck pains and constant headaches. My wife went to see her doctor the very next day to see if the baby was ok and alive. I never took my 4 year old son to the doctor. He looked ok, even till today. My wife suffered minor bruises from the seatbelt. I suffered the most. I went to the ER 3 days after the accident. I was diagnosed with Neck Injury and am now taking pain and inflammation medication. Believe me i need it.
My question: What should I do? My wife claims she is ok. And does not want to go to the doctor for x rays and a more in depth check up on her. Although she does have an appointment with a doctor for a 3D sonogram to view the baby. My sons doing ok. Is it too late for both of them to go to the ER on an insurance claim? Also if they dont go to the doctor, will my personal injury be believable? Because the pain is real to me.
AnswerHi Saul,
Most of us want to get on with our lives and so we do just as you and your wife have done: we shun a chance for medical care in favor of just dealing with the pains. We think that too much time has elapsed between the accident and our seeking treatment for the injuries.
In truth, a jury will more likely side with someone like you and your wife, as opposed to someone who rushed to the hospital after every little ache and pain.
Do not ever worry about going too late. My goodness, we have a great number of clients who let a month or more elapse between their accident and the first medical or chiropractic treatment and their claims reach a fair settlement.
If you have pains now, which is just a month and a half later, that is fine. It is to be expected. So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
One thing that does worry me, however, is that your car took a big hit, and so there is a good chance of hidden soft tissue injury. Sometimes we do not notice the injury until we get an ache at night after doing something physical. Your wife and you HAVE TO REPORT THESE and seek chiropractic of medical care.
I am also worried that you might settle the claim too soon. DON'T SETTLE YOUR PERSONAL INJURY CLAIM TOO SOON
You have asked me for tips on your damages from a soft tissue injury that happened ONLY six weeks ago. The reason I am making a big deal of your injuries is because your car was hit hard, and because in 6 weeks you two really have not put your bodies through the rigors of daily life as you used to live it during the summer months. I am going to divide your answer up into four separate topics, as follows:
DO NOT SETTLE YOUR SOFT TISSUE PERSONAL INJURY CLAIM TOO SOON. "Deep" soft tissue injury can be lit up months after ending treatment. Wait until you have gone through your summer season with all of its physical activities. I am always afraid when a third party adjuster is hounding you to try to get an early settlement.
I know your car was hit with some pretty good momentum. And, of course, that trauma was passed along to your bodies, where the soft tissue injury was likely DEEP.
What that tells me is that your body may not have had sufficient time to heal from just passive treatment. I am worried that if you were to go through even half of your summertime outdoor activities, you will start noticing pains at night or the day following physical activity.
As for you and your wife, even now there may be a dull ache at night following some physical activity or pain the next morning. In this case, I would first give yourself a thorough self-examination to see when you recall the little nagging pains in your neck or back. I would see a doctor about those ASAP. It is not too late. Do not go to the ER inasmuch as they will not do a good job on soft tissue injuries. Instead, use your own insurance Personal Injury Protection (PIP) and go to a chiropractor.
There may be a dull ache at night following some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, that is it: no one will be there to pay for your future medical or chiropractic care; nor will you ever see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS. Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Transportation reimbursement is part of what we call "special" damages. You get the actual costs (i.e. parking gargae, etc.) PLUS the then-current IRS rate for milage, which is 48.5 cents per mile for 2007.
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
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Hi Saul,
Dr. Settlement tried to sneak away for a long weekend, and look what happened: busted. I am accessing my e-mail at our hotel while the best of our half is getting ready for our outing tonight, so I will not have time to answer your question until late Sunday night.
I just wanted you to know that I had not forgotten you, and I hope that this delay will not cause you any inconvenience.
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
