Visitor Question

Compressed disk injury diagnosed 6 months after the accident?

Submitted By: Mark (Reidsville, NC)

I was the passenger in a car that was t-boned on the passenger side. I was taken by ambulance to hospital and x-rayed. They said I had some bruised ribs and sent me home. The insurance company paid my medical bills and gave me $1750.

A couple of weeks later I developed shoulder pain and numbness in my left arm. I couldn’t afford to see a doctor until 6 months later due to the fact that I had no insurance of my own. When I finally saw a doctor I had an MRI and it revealed 2 compressed discs in my neck which were pinching a nerve.

Can I still get this medical treatment paid for by the insurance company? What about pain and suffering? I’ve dealt with this for a little over a year and I’m scheduled for surgery in May of this year. The accident happened in January of 2014. I’d like to know if there’s anything I can do about this. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mark,

You are in a precarious position. While you have every right to file a claim under the driver’s insurance, you can be confident the insurance company will deny the claim. They will base their denial on the probability of intervening factors since the time of the accident, which they will assert are the cause of your pain.

To have any chance of succeeding in such a case, you will need convincing medical documentation connecting your pain to the initial accident.

Secure copies of your medical records related to the initial accident. Then speak with the doctor who has been treating you for your compressed disks. Ask the doctor to review your medical records and see if the doctor will agree the pain your are presently suffering is directly and unequivocally related to the accident.

Only with that supporting medical documentation will you have any chance of succeeding in your pursuit of compensation for your injuries.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 11, 2015

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