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Its been over a year since i was rear ended. i didn't see a doctor other then the ER, I am still having problems with my neck

Simi Valley, CA |

I was at a complete stop and rear ended est 35 mph. My 2 month old daughter and i were both taken to the ER. where we both were x-rayed. I instantly felt pain in lower back then i started feeling neck pain, The prays show i had /have whiplash , i didnt see a doctor at first cause i thought the pain would go away on its own. 2 days after the accident i could not get up out of bed , even sitting up made me feel nausea . My stiffness in my neck was slowly going away ...i felt fine. ive had bad headaches in the past , and the sudden pains i was experiencing were quite different i dealt with the uncomfortable pain for months and thought i'll get better. Now a year has gone by and i realize that my neck hsnt ever been the same, I dont have medical insurance or a GP, WHAT CAN/SHOULD I DO?

Attorney Answers 6


  1. You should retain a personal injury lawyer who will help you get the diagnosis and treatment you need. Pain for over a year is not a normal case of whiplash, and that impact speed is easily enough to cause you permanent damage.


  2. A personal injury attorney should be able to answer all of your questions. You should consult with a local attorney as consultations are generally free.


  3. I'm sorry about your father and your past experience with lawyers. Sometimes there's nothing a lawyer can do to help you.

    Unfortunately, the fact that you have not seen a doctor for a year leaves a hole in your personal injury case. You can still see a doctor and if you are still in pain, that is certainly a good idea. However, insurance companies typically make a big deal out of any "gap" in treatment, and I anticpate the other person's insurance will do the same for the gap in your treatment. The "gap" argument is basically an argument by the insurance company that you were not really hurt by the accident but, if at all, by something else that occurred during that 1 year. That doesn't mean you can't get a successful outcome to your case. By saying the "gap" gets them off the hook, the insurance company is essentially saying the claimant is a fraud, so if you make a believable witness and are likely to convince a jury that you had pain that entire time, you will be able to overcome their defesne. You need to make sure that you have representation IMMEDIATELY and that you get some medical documentation of your injury.

    Good luck.


  4. You should retain a local personal injury lawyer to assist you with everything.


  5. Mr. Rosenthal does a fantastic job of explaining the "gap argument" that you currently face. You may want to contact an experienced car accident attorney to help you with your rear-end case and review your options moving forward. I wish you the best of luck.


  6. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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