Hi, I was in a car accident last year sometime, Please be advise I Did not go to the E.r Or Doctor Right after the Accident happened But the Police did get a report of neck and Back Injuries. I noticed about a month or 2 later I start getting terriable back and slight neck pains, so Eventually I Went to see a doctor about the Pain and They advise me that the Bad back pain was coming from the accident that I had and that I would need to get a Lawyer..So after being advised of this I was advised to a lawyer which told me that she could not take my case because of the little damage caused to my car and that It would be a waste of her time and any other lawyers time to take my case.. So me not knowing much I took her at her word and just left the lawyer thing out.. I also have been going to the Back doctor close to a year now at least 2 days out the week and the pains I have does not seem to get any better I am not able to lift any thing heavy, If I walk so many feet I have to sit down because of the pain in my lowere back... I am not sure what steps to take or what to do from here Becasue My Auto Insurance only will cover so much and I am about to meet my 10,000 insurance Limit with Medical Bills. Can you please advise me what I can do or is it to late to do anything about it Do I need to apoly for Disability. I truly need some help here I feel so lost/// Thank You
3 Answers from Attorneys
If your doctor connects the injury to the accident, you may still have a potential pain and suffering action to pursue. It depends on many factors such as the medical tests performed,the degree of disability and your prior medical history.
Her advice may be correct or incorrect. You should go and consult with an attorney to see if you have a case that, realistically, can be performed. Injury cases that involve very small impacts are very difficult. Cases of low ipact where the client delays treatment for months are doubly so. That does not mean, however, that you do not have a case to pursue. Try to find a lawyer if you want to pursue the case.
The 'No Fault'Laws in Florida allow you to be compensated for your medical bills and wage loss, once your PIP insurance is exhausted, but this assumes that the person at fault carried Bodily Injury Liability Insurance ( something that you will have to find out). In order to be able to collect damages for your pain and suffering you will need to be able to prove medically that you sustained a "permanent injury within a reasonable degree of medical certainty" from the accident, which means that a treating Dr. will have to evaluate to determine whether you have met that threshold. A good personal injury atty who is willing to take your case can guide you with the process. You are still within the time frame to bring a case as you have 4 years ( from the date of accident) to file a lawsuit ( assuming accident occurred in Florida). Find a good personal injury lawyer in your area that will fully evaluate the case. You should bring them the accident report, any correspondence received from any insurance company and your medical records to facilitate their evaluation. Good luck. DSM