I was involved in an accident a year ago and I was 5 months pregnant. It was a minor fender bender and it did not occur to me to get checked up. The weeks following my accident I started having bad lower back and abdomen pains. I thought it was just something that I had ate or just regualar pregnancy. I waited and went for my regular doctors apointment and while in the waiting room I began expereincing the pains again. So much so they had to rush me to the back because they thought i was going into labor. They monitored me for about 2 hours thinking that I was having preterm labor. Still then, it did not occur to me that the accident could have had something to do with it. After a while the pain reduced and I was examined and released. I was wondering can i still file a claim?
Under what grounds would I be able to file a claim and what would be needed to do so?
I'm not licensed to practice law in Indiana so what I say here should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds Indiana licensure.
It's the burden of the plaintiff in a personal injury case to prove her case "more likely than not." If medical issues are involved, expert testimony on causation is almost always required. Expert testimony on medical issues is expensive: physicians charge hundreds of dollars per hour for their services.
Also, civil lawsuits for personal injury are for people who were seriously injured by another person's negligence.
I'm not hearing you were seriously injured. I'm hearing that you were OK.
I'm also not hearing that you can prove the accident caused your lower back and abdominal pains. I am hearing that you were pregnant. Lots of things can cause lower back and abdominal pains during pregnancy. Even tougher to sort out what caused those pains a year later. So I'm hearing real proof problems.
You can find out from your insurer whether you have med pay coverage. However, if you have health insurance already and your health insurance covered your medical expenses, there's no reason to revisit it.
So, leave this incident where it is: in the past. I see no benefit for you in pursuing it.