Can I still sue for back pain after 10 days later of getting into a car accident? It was the other party's fault. His insurance company is paying for the damage that was done to my car, but I didn't file for any bodily pain. Now after a week, I feel pain in my lower back and arms. What should I do?
Car accidents frequently result in pain developing a short time after the accident. See a doctor, not a chiropractor, unless one is recmmended as a physical therapis by your DOCTOR. Hire an attorney. Do not sign any releases for damages of any type without your attorne's approval.
The best thing to do is first get medical treatment for your back pain and see how serious it is. But you'll want to try and negotiate with the insurance company some extra compensation for your pain, which may be difficult given you've already settled for property damage.
Immediately go to a doctor and have pain checked. If you do not go you will not be able to prove damages. If Dr. finds pain related to accident you will be able to sue for damages.
You have several options. First, do not speak with the insurance company until you consult with a personal injury attorney. It is okay that you are experiencing back pain 10 days post mva. In fact, this is very common. You don't have to file a specific claim with the other parties insurance company right away. In California, you have two years from the date of the accident to file a lawsuit for personal injuries if the at fault party is a private party. You need to speak with a personal injury attorney as soon as possible. Navigating the insurance system is very complicated and the insurance company will not pay you what you are entitled to. On average, injured parties who obtain a personal injury lawyer receive 3x more money in their settlements with the insurance company.
You should immediately seek medical treatment and consult with a lawyer. The longer you delay any treatment, the insurance company will use this against you to claim that you were not injured in the automobile accident.
This is a very common occurrence. I suggest you immediately contact your doctor for an appointment to find out what is causing the pain. I would then suggest that you stop speaking with the insurance company of the at fault party and talk to an attorney before continuing those communications.
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