After an auto accident, your injuries will play a significant role in how much compensation you can receive for damages. Some injuries, such as broken bones, are immediately evident, but others might take time to be noticed. If you suffered an injury that was detected until days or longer after the accident, here is what you need to know.
Will the Insurance Company Refuse to Pay?
If you discovered injuries in the days, weeks, or months following the accident, it can sometimes be difficult to prove to the insurance company they were directly related to the accident. The company might argue that you were injured after the accident doing another activity and can refuse to pay.
There are a couple of things to remember though. The insurance company is fully aware that some injuries, such as soft tissue injuries, can take time to appear. You also need to remember that it is possible to overcome challenges made by the insurance company with solid evidence.
What Can You Do?
One of the most important steps you can take following an auto accident is to get an examination by a doctor. Some injuries, such as a concussion, are not immediately evident. It can be days before the injuries present symptoms that are significant enough to cause concern. However, they are usually detectable through a thorough examination.
The insurance company could argue that you deliberately did not seek out medical attention because you were attempting to maximize the compensation you were going to receive. Seeing the doctor can help counter this argument and show that you were focused on your health and not being paid off. In addition to seeing a doctor, you need to document any symptoms that you have on a daily basis. Your journal can be a testimony to the injuries you have suffered and help pinpoint exactly when you started to experience symptoms.
You also need to avoid signing a release for your medical records until you have been thoroughly examined by a doctor. If you sign a release before the examination, the insurance company can start to build a case against you using your old records. The company can claim that any injuries that become noticeable later could be the result of an old accident or injury.
If you have yet to consult with an attorney (like those at Gelman Gelman Wiskow & McCarthy LLC), now is the time to do so. He or she can help you take other steps to protect your claim for injuries that could appear later.
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