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Should I seek legal advice if I was involved in an auto accident in December leaving me with back discomfort?

Grand Rapids, MI |

On 12-19-12 I was at a complete stop and rear ended by a young lady who happened to be reaching for a cell phone she dropped. I personally chose to drive to the ER later that same evening to have my back checked for the discomfort while in a seated position. My fear is that the accident aggrivated a previous auto accident I was in back in 87' leaving me with chronic back pain. The registration she supplied didnt match the vehicle. Out of state plates. She also admitted to me that she was just diagnosed with severe mono and couldnt remember if she blacked out, then said she was reaching for a cell phone that fell. She got the ticket for hitting me and herself was hit by another vehicle. Am I acting too soon?

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Attorney answers 6


What you do after an accident is always up to you. However, you've raised a couple of issues including pre-existing conditions. See the blue link below for an article on that subject.

Also, if the car that hit you was hit by a third car, that may be the liabile or at least proportionately liable party. Here's advice on dealing with that insurance company. Link # 2 below:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


Assuming your car was insured with Michigan no-fault coverage, you should contact your insurance company to secure the personal injury protection benefits that will cover accident related medical evaluations and treatment, as well as income loss and replacement services provided by statute. Your claims against the driver at fault are limited, and can be assessed by an experienced personal injury attorney. However, the first thing you need to do is process your no-fault insurance claims.


No, you are not acting too soon. You should act immediately to protect your rights by contacting a local personal injury attorney in your jurisdiction. Use the Avvo "Find A Lawyer" tool and search for personal injury lawyers or car accident lawyers in your area.

Whether or not you have a viable claim, you may have the right to treat under a no-fault claim which would cover your medical bills arising from this aggravation injury. These rights, and more, can be explained to you in a conversation with a local attorney - and this consultation will be free. Good luck.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


Not at all (and I don't mean to sound self-serving here, either). The reason is simple - you have one year to file an application for benefits with your no fault insurance company in Michigan to secure your future no fault insurance benefits. May you be fortunate and your back pain completely clear in the next few weeks or months, which it likely will if it is only connective tissue. But what happens if it starts to get progressively worse, and you end up needing very serious spine surgery and then tens of thousands of additional medical treatment --- and you never filed an application for benefits so your no fault carrier would cover these costs? You do have up to 3 years to file a claim against the wrongdoers insurance company, but my advice is at a minimum for you to contact your insurance company now and set up a claim.
Here is information on how to at least set up your no fault claim:
Good luck, and may you never need a lawyer, but if you do have further questions or have questions about about your mini tort claim or a potential pain and suffering claim, against the person who rear-ended you, please feel free to contact me at your convenience.


It is not too soon. After an accident it is never too soon to consult with and retain an attorney. Fortunately for you , the law allows for recovery for aggravation of a preexisting condition. There are several jury instructions on this issue which are quite helpful for the injured party. You have to address the one year back rule, so it is important you hire an attorney in this matter.

You can see more information on our blog

Good luck

You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think.


I would recommend that you contact one of the Michigan attorneys for an initial consultation as soon as possible.

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