After an accident, it is normal to feel shocked and confused. Many people tell themselves they are fine and just need to get home and rest. And in many cases, the pain does not hit them right away due to the adrenaline they have.
In these cases, when time has passed and people start hurting, they often ask whether waiting to go to the ER was a big mistake…can you still file a personal injury claim in these situations? This personal injury attorney in Lakeland, Florida is going to explain below.
Delaying medical care does not automatically ruin your injury claim.
Sometimes, the adrenaline masks pain after an accident, and you don’t feel anything serious immediately. Injuries like whiplash, for example, can take hours (or even days) to show up. Because of that, many people don’t go to the doctor or the ER right after an accident.
In some cases, people don’t have insurance. Some people are even worried about hefty ER bills. And some just hope that the pain will go away on its own.
Unfortunately, insurance companies love to use delays against you. If there is a gap between your accident and when you first got treatment, they might claim that your injuries were not caused by the accident. They could even argue that the injury is not that bad since you waited to get medical help.
This is one reason you need an experienced personal injury attorney in Lakeland, Florida on your side. A good attorney can show the insurance company or the jury why the delay happened and how it does not change the fact that you were hurt.
What should you do if your accident and medical treatment did not line up perfectly?
If you did not go to the ER immediately, it does not mean that your case is doomed. However, it does mean that there is a little more explanation needed. The longer the delay, the more questions you will need to answer.
Therefore, the best thing to do now, even if it has been a while, is to see a doctor. Tell your doctor exactly when the accident happened and when the pain started. That usually goes into your medical records, and it helps show that your story has stayed consistent.
After that, you will want to make sure that your treatment is well-documented. That includes test results, prescriptions, physical therapy, or anything that shows what you are dealing with and how it is treated. All that supports your case and gives your personal injury attorney in Lakeland, Florida a stronger foundation from which to work.
Florida has a 14-day rule.
If your accident happened in Florida, you should know about the 14-day rule. Basically, if you were in a car accident and you want to use your Personal Injury Protection (PIP) benefits, you’ll have to get medical care within 14 days.
PIP covers your medical bills and lost wages up to $10,000, no matter who was at fault. But if you miss that 14-day window, you lose access to those benefits from your insurance.
Missing the 14-day window does not entirely disqualify you from compensation. If the other driver was at fault and your injuries are considered serious under Florida law, you may still be able to get compensation through their insurance. But you need an attorney for that. They will know whether to file a claim for bodily injury, try to settle the case, or even go to court if needed.
Looking for a Personal Injury Attorney in Lakeland, Florida?
If you have been in an accident and did not get medical care right away, that does not mean that your case is over. You just need the help of an experienced personal injury attorney in Lakeland, Florida. Tonya Stewart and her team at Tonya Stewart Law, P.A. are here to help you move forward, make things right, and fight for what you deserve. Contact us at (863) 279-4473 to schedule a free legal consultation.