Severe Back Pain from a Car Wreck...
(Overland park, KS)
In January 2010 I got into a car wreck and the other driver was at fault. I experienced severe pains on my back. I went to one hospital and they took hours and hours for me to be seen until I couldn't take the pain anymore. I said I was going to go home and rest.
Days later my back was still hurting and I went to another hospital. I was seen and they said I had tension or whiplash to my back.
At that time I didn't have insurance and this was my first time ever getting into a wreck, so I didn't know how to respond when it came to a doctor. Every time I'd gone to a doctor before that I always had insurance, and I know you need to have insurance or pay up front. I didn't have insurance or the cash to pay up front so I suffered through it.
So now here I am, pregnant almost 8mths, I'd been going through pain before the pregnancy but it was intermittent and minor. (I also previously had two kids and an epidural and never had any back problems.) But 1 year after the wreck I was experiencing so much pain in my back that my classmates have to help me get up once I lay down (I'm in school to be an esthetician).
When I went to see the massage therapist at school it brought my attention to the car accident back in January 2010. There was tension in my back and it was a specific area that I remember acted up right after the accident when I went to the hospital. It hurt and the massage therapist noticed stress and trauma on the left side of my back.
Is there anything I can do to get treatment for my back pain? I think I should get some kind of compensation for this pain since it was caused by the car accident I was in over a year ago. Thanks.
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ANSWER for "Severe Back Pain from a Car Wreck...":
Ranesha (Overland Park, KS):
From the facts you present you should still have legal recourse against the at fault driver. You are still within the Statute of Limitations period.
The Statute of Limitations period is the legal time period in which a person who is injured must either settle their case or file suit. Inasmuch as your injury occurred in January of 2010 you are still well within the Statute of Limitations period.
If the police were dispatched to the scene of your collision go and get a copy of the Police Report. In the Report there is a good possibility the at-fault driver was issued a citation for the negligent act which precipitated the collision.
We presume at the time of the collision you exchanged insurance information with the other driver. Contact the at-fault driver’s insurance company.
It's also probable at or about the time the collision occurred in January 2010 the at-fault driver contacted her insurance company to report the claim.
It is not too late to pursue your claim. Whatever treatment you need or have received, or the money you paid or may have to pay in the future, should be the responsibility of the at-fault driver and her insurance company.
From the facts you present there doesn’t seem to be any reason why your claim for compensation should be denied or contested.
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,
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