Georgia Personal Injury: A Week After You Were Rear-Ended And You Still Feel Terrible

Introduction

It can happen to anyone. You are driving home after a tough day at work. Suddenly, you hear the sickening crunch of metal bending and glass breaking. Your head snaps forward and back in less than a third of a second. Someone just violated the most basic rule of the road and slammed into the rear-end of your car. Immediately following an automobile accident, you may not even realize that you have been injured.

At the scene, you may not feel injured. Remember: You are in shock and your adrenaline is doing its job by working to cover up the pain of your accident trauma. This is normal. Many people begin to feel the pain later. Although you may not believe that you are seriously injured, you may feel pain later, including significant pain, when the emergency is over. If you have a neck or back injury, you may not feel any pain until the following day, or even later. If you do notice pain in your back or neck, and the pain persists for more than a few days, you should seek medical attention.

For good hardworking Americans, initially thinking that you are merely "sore", that each day after the accident you will begin to feel a little better, and that you will return to "normal" in a few days is a very typical response.

Taking the Next Steps

After an accident, the most important thing is to get well. If you feel pain after an automobile accident, see a doctor and follow the doctor's orders. If you required ER treatment, follow the treatment plan prescribed by the ER doctor. See your primary care physician for a complete examination and treatment as soon as possible. Seek follow-up care with your primary care physician and any specialists recommended by your doctors.

It is important to seek medical advice as soon as possible. Your injuries may be more severe than you think. This is especially true for neck and back injuries. At times, these injuries may not manifest themselves until several days, or even a week, after an accident. You may need to seek the help of a chiropractor who specializes in recognizing soft tissue injuries, such as neck and back strains.

What if I'm "sore" - not hurt? If you are "sore", you are probably hurt. Consult your doctor. If you simply "tough-it-out" and do not see your doctor, you give the insurance company the ability to deny that you were injured in the accident. By not seeking professional medical treatment promptly, the insurance company has an opportunity to claim that the symptoms you describe to your doctor two weeks or a month after the accident are the result of some thing else - an intervening cause: for example, the normal hard work from your job, excessive yard work on the weekend, or an injury on an amusement park ride.

Most insurance policies require that you give the insurance company notice of any suspected injuries you sustained in the accident. This gives the insurance company an opportunity to conduct an independent investigation while the information surrounding the accident and your injuries is still fresh in your mind. Generally, you are allowed a reasonable time to report an injury. However, it is in your best interest to report all suspected injuries as soon as possible.

It is very important that you report and document all of the suspected injuries you suffered in your accident in a reasonable time (both as set forth in the insurance policy and as provided by law) in order to protect your rights. Most insurance policies require that you initiate your claim within a set time period. Also, the insurance company will require that you provide proof of your injuries within a certain period of time.

Do not discuss the accident or give a statement to the insurance company or attorney for the "at-fault" driver. Remember: "What You Say Can and Will Be Used Against You!" Instruct them to call your insurance company or your attorney. Protect your rights. Call an attorney to discuss your claim. Most attorneys do not charge for an initial consultation in accident cases.

Automobile Injury Issues in Georgia

Delay in seeking medical treatment presents an issue of causation. Are the symptoms you relate to your doctor today the result of the auto accident you had a week ago? - a month ago? Or were they caused by another event in your life. Causation is an issue of proof to be decided by a judge or jury. If you document your injuries immediately after the accident, you will not have a causation issue. Seeking medical treatment a week after an accident happens often. If your doctor properly documents his or her findings in your chart, these cases generally do not have a causation issue. However, medical treatment a month after an accident can present difficult causation proof problems.

A delay in seeking treatment may bar your claim under your car's Med-Pay provision. The contract language in the policy governs payment for your medical treatment. The Med-Pay language may require that you begin medical treatment within a certain limited time after the accident.

Conclusion

No one wants to be in an automobile accident. However, if it does happen, you must seek treatment to recover from your injuries and you must take the steps necessary to protect your rights to insure that you are awarded the full monetary value of your injuries. If you have been injured in an automobile accident, seek prompt medical treatment, contact your insurance company, and consider consulting an attorney who specializes in litigation from automobile accidents.

Please contact us:

David Danda
David E. Danda & Associates, LLC
P. O. Box 941334
Atlanta GA 31141-0334
770.938.09077
770.939.6538 (fax)
daviddanda@mindspring.com (email)