Is there anything I can do to settle my health problems after an accident? 32 Answers as of March 26, 2012

Health problems without treatment are very difficult claims to collect on.

First and foremost, you should seek treatment for your injuries. The sooner you are pain free, the better off you will be. Additionally, aggressively treating your injuries may enable you to possibly minimize your damages. Next, you should contact an attorney regarding possible claims, if any, that you may have against the driver and his insurance company. Consulting with an attorney will enable you to have your case fully evaluated. The attorney will be able to ask you such questions as: what type of traffic controls, if any, where in effect? Do you believe had been drinking or using drugs? These questions are just a sample of what the attorney will ask you. After, the attorney can assess potential claims and damages associated with the accident. Even though you have handled this matter thus far, that unless you have significant experience in handling personal injury claims, it may be better to defer to an attorney to get the matter totally resolved.

It depends.Generally, in Georgia the property damage claim is separate from the personal injury claim. Meaning you can settle the property damage claim without settling the injury claim. But, it depends on what you actually settled, if anything at all. Did you sign anything You may want to contact the individual you hit and tell him about your situation- maybe he will help. You may need to contact his insurance company directly. You need to act fast, because a common defense tactic is to say that your pain was not caused by the accident. You need to document your injuries and make sure the other party knows about them.

You may bring an action for personal injury within 5 years in Missouri. However, if you cannot show that you were seeing a doctor for problems with your shoulder and years go by before you file a lawsuit, you will have a difficult time with the case. If this is something that happened more recently you should be fine. If you are hurt, you should go to the doctor to get treatment and also because it creates documentation of your injuries.

The answer depends on the scope of your agreement. Was your settlement only for the property damage claim or for both the property damage claim and the personal injury claim? This could easily become a swearing match in which case you have no guarantee of winning at all. Did you sign any documents to effect the settlement? Written documents of any type could control your rights.

You settled the property damage claim. You can make a personal injury claim. Hire a lawyer.

As long as you did not sign a release, and as long as the check did not indicate that the payment was in full and final payment of all claims you can still pursue your injury claim. You should seek medical treament and speak to a lawyer immediately.

You mention an "agreement" in your Question Detail. Generally, unless the "agreement" you made was a "full and final settlement of all claims" with the driver and you signed a Release (or similar document) you still can bring a claim against the driver for your injuries. The "agreement" you made may have been only for the damage to your bicycle, not for any other damages (i.e. injuries) you have from the accident. Under this scenario, you would not be "renegotiating the agreement"; you only would have additional claims not known the night of the accident. If you did sign a release of all claims then you likely cannot receive any money for your shoulder or anything related to it such as medical bills or missed work. However, while you can likely still bring a claim problems may arise in you receiving money for your injuries. The main problem depends how much time has elapsed from the time of the accident and your shoulder started to hurt. First, the longer it took for it to hurt after the accident the harder it may be to prove that is related it to the accident. Relatedly, have you sought any medical attention for your shoulder yet? Again, the longer you wait the harder may be to relate to the accident. Third, assuming the driver did not report it to his/her insurance company, then, depending on how long it has been since the accident, the driver's insurance company may be able to deny coverage based on the driver's failure to notify them if they can show they were "prejudiced" in the driver's failure to report. If this denial of coverage occurs you can still collect from the driver but this is usually always much harder, especially in larger sums, than getting it from an insurance company. My suggestions would be, if you have not already, would be to, as soon as possible: (1) seek medical attention; and (2) notify the driver about your shoulder pain. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

Yes. You would likely need to make a claim with his insurance company unless he is willing to personally negotiate with you. Just because he paid you for your property damages does not free him from an obligation for physical injuries.

This question is difficult to answer without more detail. Timing is important and I don't know how long it has been since the accident occurred. Also, I don't know if you signed something agreeing to the settlement amount as payment in full. If you did, then you are out of luck. If not, then we would need to look into this further. If you have had no treatment for your shoulder and it has been a long time since the accident, you are probably out of luck as well. You need to be able to show the injury is related to the accident, and if there is a large gap where you had no treatment, it will be difficult to prove. My best suggestion is to contact an experienced personal injury attorney in your area immediately. Good luck.