Legal Question in Personal Injury in Nevada

Auto Accident, Delayed Symptoms.

A little over a month ago (Middle October) I was involved in an accident where another driver was cited for causing it. At the time I did not feel anything out of the ordinary. About a week ago I started to feel some pain in my lower back and some soreness in my neck when moving it a certain way. Also, sometimes I lose feeling in my left arm, like I had my circulation cut off.

My question is, am I out of luck in having this covered on the claim with the insurance company since it has been almost 2 months since the accident? I am not normally one to visit a doctor unless it is a matter of death, but this is really bothering me...especially at work where I am on my feet a lot, and when I lay down to sleep. Any help would be appreciated. Thanks in advance.


Asked on 12/09/06, 1:14 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Auto Accident, Delayed Symptoms.

Delayed onset of symptoms is not all that unusual following an auto accident that causes soft tissue injuries. A delay of 6-8 weeks is, however, rather rare. You may have provided a ready defense to the insurance company, in that they will say there must have been some intervening cause of your symptoms, and you just wish to point back to the accident for recovery.

What you will need to overcome this position is your medical doctor saying that the causal relationship exists. That is, he or she must include a thorough history narrative in your records that recounts the accident and includes your statement that there can be no other cause of the injury since that time. While this is not conclusive, at least it is not just you or your attorney making the claim, and it appears in the medical chart as a matter of record.

The insurance adjuster will say the delay of treatment demonstrates a lack of causal relationship, and will use that to whittle down the claim below its true value. You must overcome your apprehension about dodtors and seek full remedial treatment to get yourself back to 100%. Follow your doctor's orders closely, or the insurance company will have yet another argument supportive of their defenses - that you failed to mitigate your damages.

Get your claim opened ASAP and vigorously pursue it. You likely will do better in the end if you retain counsel to make the arguments and counter-arguments for you. Even after fees and costs, a skilled personal injury attorney may net for you a greater bottom line recovery in your case. Good luck!

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Answered on 12/10/06, 11:40 am


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