ongoing pain after accident Need lawyer?

[BSJM]

What is the name of your state (only U.S. law)? Ca

I'm experiencing ongoing pain in my elbow after a motorcycle crash caused by another driver. The police report shows him at fault and I'm waiting for his insurance co. to finish their investigation. I was hoping the pain would go away after some time had passed, but it seems to be sticking around and presents itself during my normal workday (frequent lifting and climbing required). Overall my injuries appeared minor (cuts, scrapes, bruises). I did get my elbow x-rayed and no fractures were found. I'm not happy to think that I may have to live with this pain from here on out. I don't want to give up my rights if I have any regarding pain and suffering compensation. Several people have told me that a lawyer is not the way to go since there is no major injuries. What do I need to do so I don't cheat myself and get stuck living with ongoing pain that I never had before due to their clients negligence?

 

[ecmst12]

You go to the DOCTOR and find out what's causing your pain and get it treated! Any compensation you might be able to get for your injury will depend on your diagnosis and treatment. No diagnosis and no treatment? No money. Get it?

 

[BSJM]

Understood. I've already been to the doctor and been told there is no fracture. Sometimes we are just stuck with the ongoing pain caused by previous injuries and there's nothing that a doctor can do for you except suggest applying ice and taking an aspirin. I accept the fact that things happen and I'm probably going to be stuck with this little annoying pain for quite some time. I just am trying to make sure I am not giving up anything coming to me. The insurance co. is not going to ask me if anything continues to hurt, nor do they care. But, I suspect that they are legally responsible to compensate me for it. Money is not going to make it feel better, but that's how they make problems go away right?

 

[geckotone]

If you went to a Doctor, and he didn't find anything but you still have pain then you need to stress this to him, or see another Dr.

If you went to a General Practitioner (family Dr), there isn't a lot they can do other than x-ray and look for a broken bone. Ask them to refer you to an orthopedic surgeon, neurologist, or a physiatrist that specializes in Rehabilitation. You can look for clinics in your area that specialize in Sports Medicine. They deal with elbow issues all the time.

I believe that you're really feeling pain. It's frustrating when you tell your Dr you're in pain and they don't do anything. It sounds like you're trying to "walk it off", and that's noble, but maybe not the best way to treat yourself. Little pains today are big annoying pains tomorrow. Trust me on that.

The Ins Co does have liability to pay your medical bills, and also compensatory and other General Damages (pain and suffering). Get yourself fixed then make a claim to the Ins Co. If they don't pay then make sure you are prepared to get a lawyer at least several months before your state's Statute of Limitations expires (2 years in most states, but check to make sure).

Best of luck!

 

[ecmst12]

The first thing they do when you have pain is check for a fracture. If there is no fracture, they tell you to take it easy, use ice and ibuprofen and see if it gets better. If it does NOT get better, you need to look further to find out what's wrong. You might have torn ligaments or tendons, you might need surgery, you very likely need an MRI to determine if there is any tears. Go back to your doctor, tell him it has been several weeks and you are still having pain and ask for a referral to an orthopedist.

If you do that and find no underlying problem that can be measured or treated, then you won't get very much in the way of compensation. But that's not very likely. There is SOMETHING causing your pain. Either it's caused by you refusing to take it easy and let yourself heal (continuing to lift and climb) or it's caused by something that doesn't show on an x-ray. Either way, ignoring it, waiting for it to go away on its own, is not going to get you better OR get you any compensation. Claiming an injury requires evidence, which you get by going to the doctor.

 

[BSJM]

Quality information! Thank you. I think I will stop waiting and hoping that it will just go away with more time, and make an appointment to be seen again. I put a call in to his insurance company to get an update on the status of the claim and also to let them know that I'm still experiencing pain, but I have not heard back from them yet. I'm not the type of guy that runs to the doctor for every little pain so this is all new to me. I have to force myself to go since there is a statute of limitations in place.