Can I still sue even if I did not go to the doctor after the accident? 10 Answers as of November 07, 2013

I was in a car accident that was not my fault. I reported that my hip was sore to insurance when I gave my statement but didn't go to doctor because I thought I wasn't that hurt and the soreness would go away. Gradually this soreness became worse and when I went to a doctor 2 months later, I was diagnosed with hip bursitis. Can I still prove this was caused by the car accident? I have pictures of my hip days after the accident when it was bruised and did inform the insurance from the beginning about it.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
As long as the doctor can link your present symptoms to the accident it is okay. Each state has its own Statute of Limitations; that is the date within which suit must be filed or else it is barred because too late.
Answer Applies to: Michigan
Replied: 11/7/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes; if you don't already, you should have a lawyer to make this claim. Insurance companies will do what they can to minimize your claim.
Answer Applies to: California
Replied: 11/7/2013
Ellis & Abouelsood | John Danelon
You can likely still sue, but some of the evidence may be disallowed and/or some liability for the extent of the injury may be transferred to you in that you failed to seek medical attention immediately, thus the true source of your pain could actually be from several sources.
Answer Applies to: California
Replied: 11/7/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
As long as your treating doctor supports you, and says that the condition was caused by the crash, you should be just fine.
Answer Applies to: Iowa
Replied: 11/5/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
At a minimum, your doctor will have to be willing to testify that the injury is due to the accident. But, the insurance company will hire a doctor who will say this is not possible. On top of that, you will have to show that the condition qualifies as a "serious injury" as that term is defined by law. See a lawyer in your area for an opinion about the probability of success.
Answer Applies to: New York
Replied: 11/5/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan you must prove you suffered a "threshold" injury of a serious impairment of a body function in order to have a claim for pain & suffering against an at fault driver or the owner of another motor vehicle. It will be up to the medical test results and testimony of your treating doctor as to whether you have any objectively verifiable injuries from the crash, no matter when it happened and when you got treatment. Further, you will need competent evidence of the effect of any related injury on your normal life.
    Answer Applies to: Michigan
    Replied: 11/4/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If your doctor will state his opinion in court that the bursitis was caused by the accident, then if you ultimately have to sue for damages, you will have enough proof to get the issue before a jury. It would have been wiser for you to see a doctor early on, but if you have not injured the hip since the accident and there is no other medical reason for the bursitis, you should be okay on the issue of causation.
    Answer Applies to: Washington
    Replied: 11/4/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    Whether you can sue or not is not the proper question. The proper question is how strong is your claim. Generally speaking, a two-month delay in getting medical treatment can be a major problem. Some attorneys won't even look at a case with more than a week delay in treatment. However, I tend to take the approach that every case is different and should be judged on its own merits. The fact that you have pictures taken soon after the accident certainly helps draw the connection between the accident and your injuries. What you need to do is contact an attorney and get a free consultation. Then you can explore all your options. However, because of the delay in treatment, do not talk to the insurance company until you talk to an attorney.
    Answer Applies to: Texas
    Replied: 11/4/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    Yes, but expect a fight with the insurance company; these type of claims are routinely denied and require litigation. What I would do now is retain a personal injury attorney to assist you in proving your claim. It will likely cost nothing up-front because PI attorneys on contingency. I would also bring all of your medical records to this attorney.
    Answer Applies to: Illinois
    Replied: 11/4/2013
    Oscar E. Toscano | Oscar E. Toscano
    You could sue but what are your damages? How are you going to prove them?
    Answer Applies to: California
    Replied: 11/4/2013
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