Legal Question in Personal Injury in Minnesota

Re: Injuries resulting from Accident

Sam,

I see that you have already received a couple of detailed answers to the specific questions that you posted. However it is typically better to have an actual conversation to make sure the answers fit your specific situation. There are questions we may ask of you that provide details, filling in gaps which would then impact the appropriate recommendations we could make. There is also more information about how to deal with the insurance company to get your bills paid for, than what has been provided to you so far.

I would strongly encourage you to contact a personal injury lawyer. The person in my office that would be best suited to answer your questions would be Denise Fullerton. Give her a call at 651.604.0000, or 1.800.840.4759. Her direct email address is [email protected]. Best wishes to you.

Re: Injuries resulting from Accident

First, sign no release. Second, go to the doctor and have a physician opine as to whether the pain was caused by the accident. All to often injuries from an accident do not appear until months later. What is critical for any claim is documenting medically that the injury occurred and when it occurred. If you fail to treat it and do follow ups, then your argument becomes weak.

Re: Injuries resulting from Accident

Thank you for your question.

The circumstances you have described are not unusual. Many people involved in accidents are unaware of the extent of their injuries until long after the accident, and sometimes dismiss the accident as a cause, thinking that "it was such a long time ago."

The truth is, however, that many injuries do not immediately manifest themselves, particularly if they involve damage to soft tissues, muscles and joints. This is often observed in auto accidents, in which someone will experience whiplash, and not notice any pronounced neck pain until several days or even weeks after the accident. I realize it is often fashionable to dismiss such injuries as exageration, but I have many clients for whom the pain and discomfort is a genuine problem, and in almost all cases, if given a choice, they would choose to be healthy, rather than "well compensated" for their injury.

The insurance industry recognizes that such delays in the experience of pain and discomfort are common, and will frequently try to use this as a means of discrediting the party who later complains about their injury. Their typical response is to steer the injured to a doctor of their choosing, and to request the signature of a waiver. At the same time, they will also attempt to obtain a statement (from the victim)about the facts regarding the accident, and will attempt to shape those facts in such a way that their insured's liability is minimized.

I would not worry about your delay in seeking treatment, and I strongly urge you to consult counsel. You may contact my office if you require additional information or assistance. My contact information is below.

Again, I would strongly encourage you to refrain from exchanging information with an insurance adjuster until you have conferred with a lawyer, and by all means, avoid providing statements about the accident or your health history to an adjuster until you have conferred with an attorney.

As I indicated above, I am mindful that many indivuals are often somewhat reluctant to "make a big deal" about an injury, and many well meaning people simply hope to "tough it out." Some injuries, however, can be troublesome for a long time, much longer than they might initially imagine. That is why it is important to think through the matter carefully, and fully explore your rights. The most difficult calls received in my office are those that come from individuals who thought everything was "just fine," and only later discovered that they have lingering medical problems or pain -- after they have foreclosed their option to receive subsequent medical treatment. Again, please feel free to call if you have questions.

Re: Injuries resulting from Accident

Sam,

While reviewing my previous message, it occurred to me that I did not fully respond to some of your more specific questions.

You state, �I can't prove the accident caused my elbow pain, since there was no abrasion in that area because I was wearing a leather jacket, but I do have scars (from accident) on the hand on that same arm.�

It is important to realize that it is not necessary to show some sort of dramatic evidence of a collision to prove causation, such as an abrasion on your elbow, broken bones, etc. The combination of the facts in your case are probably sufficient � trip to the ER, other injuries, timely contact with the insurance carrier. In many cases there is no direct, or obvious, evidence of the injury.

You further express concern about the treatment of your elbow, and mention that the insurance company apparently referred you to a doctor of their choosing. This is an issue of great concern to many people � and rightly so.

When an insurance company is presented with an injury claim, they will frequently request that the injured party be evaluated and treated by a doctor of their choosing. It should not come as a surprise that the doctors selected by an insurance company are often chosen because it is believed they will offer an opinion favorable to the company.

To some extent this is unavoidable. When an insurance company is evaluating an injury claim, they have a right to have the claimant examined by a doctor of their choosing. Many of the doctors who perform this service are obtained through referral services that cater to defense attorneys and the insurance industry. Woodlake Medical Management is one such referral service. Its primary business is finding doctors to perform adverse medical exams on behalf of the insurance industry and defense lawyers.

However, you generally have the right to be treated by a doctor of your own choosing, and frankly, most people would rather be treated by a doctor who�s retained for the purpose of resolving their medical problem, and not merely for the purpose of providing some other person (or company) with an opinion.

Finally, your message suggests you have experienced some lingering effects of your accident. You should be aware that insurance companies are often eager to close out a claim with a (preferably small) cash settlement. You should not be too quick to close the door on future claims, however. Too many individuals foreclose their right to seek future medical treatment for what seems like a reasonable sum, only to later discover they still have lingering problems.

Good luck. Again, I would encourage you to consult an attorney about this matter.