If a semi sideswiped my back tire while making a left and I did not go to the hospital at the time but I’m hurting now a few weeks later, what can I do?

Asked on February 20, 2015 under Personal Injury, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Inform the semi's insurance carrier in writing that you will be filing a personal injury claim.  It is NOT uncommon for auto accident injuries to manifest themselves sometime after the accident.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports,and documentation of any wage loss.  Your personal injury claim filed with the semi's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the semi's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the semi's company. 

If the case is NOT settled with the semi's insurance carrier, your lawsuit for negligence against the semi's company must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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