If You’re Hurt in a Car Accident, Get the Medical Treatment You Need June 28, 2010

I received an interesting email from a potential client who had been hurt in a car accident:

I recently had a car accident when another car hit me from behind.  The police came to the scene and offered to call an ambulance, but I told them I was just a little shook up. Two days later, I cannot sleep because my neck and back hurt all the time. Is it too late to see a doctor? Is it true that I cannot sue the other driver because I did not go right to the hospital?

Car Accidents and Soft Tissue Injuries

First and foremost, get the medical attention you need. It is always best to err on the side of caution and to have an examination immediately after an accident. If you develop pain or some loss of movement the next day or the next week, go see a doctor. The fact that you did not go to the emergency room or the doctor’s office directly from the car accident does not mean you cannot receive care at a later date. Many people leave the scene of accident feeling fine only to find themselves in pain the next day or the next week. Whenever symptoms present, go see the doctor.

Often times, car accidents result in what we call “soft tissue” injuries, injuries that affect the muscles and the discs in your spine. If you are hit from behind in a car accident, you are prone to these types of injuries as your body moves forward and then snaps back (often called “whiplash”).

New York No-Fault Coverage for Medical Costs

In New York, people hurt in a car accident have their medical treatment covered by No-Fault Insurance. (You can read more about No-Fault here.) As long as your injuries were caused by the accident and as long as you filed a claim within 30 days of the accident, No-Fault will provide coverage. It does not matter if you start treatment the day of the accident or the next week.  As long as your doctor states that the injuries resulted from the accident, No-Fault will provide coverage.

Soft tissue injuries such as neck and back problems can be very painful and uncomfortable. Doctors often treat these conditions with a combination of anti-inflammatory drugs and physical therapy. There is no easy fix for a sprained neck or bulging disk. It is important to follow your doctor’s directions. If he or she recommends physical therapy three days per week, please arrange to receive physical therapy three days per week.

Car Accidents and Law Suits

The second part of the question asked how the promptness of medical treatment after a car accident affects the ability to pursue a lawsuit for pain and suffering. While it is true that the earlier you contact an attorney, the more the attorney can help you, it is much more important to see a doctor.  If you have a car accident, see a doctor before hiring an attorney. Your health comes first and you will have no basis for a lawsuit unless you receive medical care. Quite frankly, clients who retain a lawyer before seeing a doctor are looked upon suspiciously by insurance companies and the courts. The only reason to speak to an attorney before seeing a doctor is if you need help finding a doctor.

Again, it is always best to seek medical attention immediately following an accident, but a delay of a day or several days does not prevent you from pursing a lawsuit after a car accident. If you have pain, if you have suffered an injury, seek medical care as soon as you can. If that is three days later, then get that medical care three days later.

 I hope you found this information helpful. If you have questions about injuries suffered in a car accident or other motor vehicle accident, you may want to consult a New York personal injury attorney experienced with car accidents. I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.

Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.