This is more of a medical question than a legal question. Be thankful that the cat scan apparently was normal. There can be many other reasons why you are having back problems.- you need to have a competent specialist perform a complete orthopedic/neurologist exam. If in fact your pain is the result of an accident related injury the fact that an emergency room "cleared" you does not necessarily hurt your chances of a settlement. You need to immediately discuss this matter with a personal injury attorney.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Settlement is dictated by many variables. For explore, liability, causation, and damages. If the ER released you, that does not mean you are not injured/hurt and will not need medical care, it simply means that the doctors at the ER didn't think you had a continuing medical emergency and could be treated medically by a physician with follow up care. That said, if you are hurt/injured seek medical care. By the way, a CT scan is a limited diagnostic study and will not show everything an MRI will show. The MRI is considered the gold standard diagnostic test. MRI will pick up things the CT did not. Go follow up with a physician (orthopedic most likely but I would check hospital discharge records for medical follow up and/or seek medical advise from your primary care physician.
Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Just because ct didnt show anything, doesnt mean you havent been injured. Follow up with your primary care doc asap and make sure you tell the doc about all symptoms you are having since the crash. Id suggest you contact local legal counsel too. An ER visit and CT scan should result in significant medical expenses.
Pain from what? Injured from what? Settlement based on what? Need more information to advise.
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When arguing to get compensation from an insurance company for physical injuries as result of a motor vehicle accident or other such claim, medical examination notes and documentation a of injuries are what one would generally use to evidence the body parts involved and the extent of injuries. However, additional medical experts are almost always needed to properly present the injuries and future medical conditions to the Court.
When an attorney makes a demand for such compensation, the demand letter will reference the medical records. The demand will also factor in future medical costs, among other things. Nothing sends the message of "here's the claim to save money on" better than a person making unsubstantiated demands and doing so without having an attorney.
As for which medical tests are undeniable conclusive of whether a person suffers from pain, that is a huge issue in and of itself. If a person is in true pain, he or she should be seeing a physician for care – regardless of whether he or she is embroiled in a lawsuit. The physician will determine which tests to order, which treatments to prescribe, and explain all in detail to the patient.
If a person suffers harm because of the negligence of another, said victim needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
That question sends up a red flag indicating that you are more concerned with settlement than healing. So, I won't answer it. I do implore you to get further evaluation and/or a second opinion. Often a CT scan will not reveal existing, serious bodily injury while other exams will.
Emergency rooms, in general, are there for emergency treatment. They often clear you of life-threatening injuries, or injuries that require immediate attention, and then release you to follow up with your primary care physician (PCP), your physician will likely govern your care from there.
As stated above, I also recommend that you follow up for your pain. You first priority should be your health. There are many factors that go into a "settlement" and emergency care is only one piece of the puzzle. Your follow up care is also a part of that puzzle. I recommend you seek an attorney in your area to discuss the legal aspects of your injuries. An attorney will definitely need more information to adequately advise you in this matter.
I wish you the best of luck with your claim.
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