Need Automobile Accident Legal Advice...

by Anonymous

About 4 weeks ago I was stopped at a stop sign. I was looking down at the time when I was struck from behind which caused me to bang my head on the steering wheel. I did not seek medical attention but I've been having a lot of headaches stemming from my neck on the same side.

My question is: Is four weeks to long after receiving an injury from an automobile accident to put in a claim for injuries with the insurance company?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Need Automobile Accident Legal Advice...":

The answer is no. The expression “It is what it is” applies here. It is not your fault your injuries and their symptoms were latent. Latent injuries and their symptoms are those which may not appear until days, weeks, months, and sometimes years after an automobile collision.

The collision may have caused damages to the eyes and brain which until now were undetectable. At the point of impact blood vessels ruptured. Blood slowly leaked and began to pool around the injured area. As it did it slowly became noticeable through the skin.

At the same time the accumulation of blood caused pressure on the nerves around the eyes causing headaches (sometimes severe), nausea, dizziness, and vomiting. You should seek medical attention immediately. Headaches occurring as a result of head trauma, even if the symptoms were delayed, can be life threatening.

Hopefully you still have the insurance information exchanged at time of the collision. You will need to contact the at-fault driver’s insurance company. Before you do make sure you have a pen and paper with you. Find a place where you will have privacy and a few minutes of uninterrupted time. Write down the at-fault driver’s name and his policy number. Also write down the telephone number of his insurance company.

When you call you will need to let them know you were a victim in a car collision caused by their insured. They will then switch you to an insurance Claims Adjuster.

Be prepared to give your statement to the Adjuster. Your statement will be recorded. That is normal. Tell the truth and do not minimize your injuries. Do not be apologetic in your tone, as if you are bothering the insurance company for calling some time after the infliction of injuries.

Remember you did nothing wrong. After your statement and before you hang up be sure to ask the Adjuster for the Claim Number. That number is very important and will be used repeatedly in your future communications with the insurance company.

Continue to seek appropriate medical attention. As you do continue to submit your medical bills, commonly referred to as your “actual damages" and your pharmacy medication receipts to the Adjuster. If you had to miss work either to recuperate or to seek medical care, attempt to secure a statement from your employer indicating the lost wages you suffered while away from work recuperating or seeking medical care.

Also include any other out-of-pocket expenses, such as parking lot fees while visiting physicians for follow ups, over the counter receipts for aspirin, heat or cold packs, and more. Continue to send them to the Claims Adjuster until such time as your medical treatment and recuperation have completed. Doing so will be one of the most important steps in settling your claim. Additional amounts for Pain and Suffering will depend upon additional factors.

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

Best of luck,

Judge Calisi

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