Get a consultation from an experienced personal injury lawyer. The delay in treatment may be a factor in your case but it does not stop you from getting medical help now and compensation later.
You need to sit down with a personal injury attorney -- why would you wait another day?
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I suggest you consult with an attorney who is board certified in personal injury trial law by the Texas Board of Legal Specialization. Your delay in seeking treatment does not mean you do not have a claim. However, you need to get to a doctor and get checked out soon. Also, the owner of the car in which you were riding may also have PIP coverage available for your medical bills and lost wages. Good luck.
By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.
I encourage you to speak with a personal injury attorney in your area. This is not the time to go it alone.
M. Todd Miller
Law Office of Todd Miller, LLC
1305 Southwest Blvd., Ste. A
Jefferson City, Missouri 65109
Phone: (573) 634-2838
Fax: (573) 634-7642
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The longer you delay, the harder it gets to pursue a claim. You should get a free consultation with a local lawyer to determine what your real options are. PIP may be your best bet. But worse than making the claim tougher, delaying in seeking care could be resulting in further damage to your body. Consider county medical facilities as a way to get help if you are hurting.
The passage of time is a factor the insurance company will consider in evaluating your claim, but certainly should not prevent you from seeking treatment.
It is common for nice folks like yourself to think that their injuries will go away, and when they do not, then treatment is finally sought. The fact that your injuries are still present nearly 3 months later suggests a more serious injury. Generally speaking, soft tissue injuries (sprains and strains) will resolve with or without treatment within 30-60 days.
The big problem you have is that you delayed going to the doctor for three months. Here are several options: (1) You could have asked your driver if he had PIP or Medpay coverage, which under general circumstances would have covered medical expenses, regardless of fault for passengers in a covered person's vehicle. (2) You could have filed a claim with the other driver's insurance. You do not need a lawyer to do that. (3) If you're hurting bad enough, you could have gone to your county's health care clinic. I always tell my clients that if your thirsty you drink water, if you're hungry you eat food, and if you're hurting you find a way to seek medical attention because without your health you have nothing. A good defense lawyer will argue that there is no evidence that your low back pain was caused by the accident in question, because three months have passed, and you could have hurt it doing something else, like picking up something heavy. Everyday that passes without you're having sought medical attention reduces your chances of having your claim accepted. However, I would still get the insurance information for the other driver, and file your claim. You can also ask the driver of the car you were in if he would mind if you filed a medpay or PIP claim on his insurance. But try the other driver's first. There is a two year statute of limitations period to file your lawsuit, which in this case probably is cost restrictive based on your alleged injuries. If you are in El Paso, call the Law Offices of Humberto Enriquez 915-494-4535.
I agree that you should hire a lawyer. Also, I'm not clear on why you need to go to a hospital for care. I'd probably see a general practitioner first to have x-rays done and see whether there is anything wrong. That's probably much less expensive than going to the hospital right off the bat. Just some humble advice. Best of luck to you and hope you feel better soon and get the help you need.
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