If you find out later you were injured in an accident but did not go to the hospital right after. After having you auto total and paid off what can you do after 1 month.

I was not at fault.and had recently
started a new job in a new city and
didn’t want to lose my employment so I
didn’t go to the hospital but I the
crash did indeed injure my right ankle
and knee.

Asked on June 27, 2016 under Personal Injury, Texas

Answers:

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

Answered 4 years ago | Contributor

It is not too late to obtain medical treatment because injuries frequently don't manifest themselves immediately after an auto accident.
In order to have a personal injury claim, you will need documentation of medical treatment.
Your personal injury claim is separate from your property damage claim.
Notify the at-fault party's insurance carrier in writing that you will be filing a personal injury claim.
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 treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include those 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 at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party 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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