We have all likely experienced injuries that became worse after the initial damage was done. For example, if you have ever been in a rear-end collision, you may have experienced neck pain that became more severe after a day or two. In some cases, it takes a while for brain and spinal cord injuries to exhibit symptoms. In an accident claim, what happens if your injuries get worse after you have begun the legal process?
It is not uncommon for an accident victim’s injuries to become more painful or to change throughout an accident claim. The nature of a victim’s injuries depends on the physical condition of the victim and the circumstances surrounding the accident. What causes severe pain and trauma in one victim may only result in minor injuries in another.
As soon as an accident happens, the at-fault driver’s insurance company generally begins calling the accident victim, pressuring the victim to settle the claim. Unfortunately, some accident victims settle the claim without first having an attorney review the case. Once the accident victims sign an agreement with the insurance company, they are barred from filing any type of legal claim against the at-fault driver. If an accident victim settles a claim in the first few days following an accident—and then that victim begins experiencing more intense pain, or a new injury—that victim will be solely liable for the medical expenses associated with these symptoms.
So long as it is possible to prove a relationship between the accident and the injury, a claim for damages may stand. Therefore, as an accident victim progresses through treatment for accident-related injuries, the victim should obtain copies of all medical records and provide these to his accident attorney. The accident victim should also keep his attorney up to date on any medical treatment he is seeking, as well as what his physicians are recommending. The at-fault driver and his insurance company will jump at the chance to argue that an injury is not related to the accident, so it is important to provide clear evidence of a link between the injury and the crash.
Accident victims also must ensure that they follow through with all recommended medical treatment. Failing to show up for appointments, taking too long to reach out to a referred specialist, and other such behaviors can cause serious damage to an injury claim. The at-fault party will argue that the victim’s injuries are not as serious as he claims if he cannot even make all of his appointments. With the assistance of an experienced injury attorney, the victim will be able to prove the full extent of all of his injuries.
If you have been injured in an accident, contact Stein & Shulman today for a free consultation
At Stein & Shulman, LLC our injury attorneys represent accident victims in all types of claims throughout the Chicago area. To schedule your free consultation with our experienced attorneys, call 312.422.0500 today.