If I was in an accident 2 months ago, is it too late or worth filing a claim if my injuries haven’t gone away?

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If I was in an accident 2 months ago, is it too late or worth filing a claim if my injuries haven’t gone away?

It was the other party’s fault and his insurance covered my totaled car. When I initially filed the claim (the night of the accident) I didn’t think I needed medical attention. However, my neck and shoulders and back still hurt. Is it worth still trying to file a claim or should I just leave it as is and pay for medical attention on my own.

Asked on February 7, 2012 under Personal Injury, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is NOT too late to file a personal injury claim with the at-fault party's insurance carrier.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the at-fault party.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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