If I was in a wreck and injured my back but did not file a claim or get medical attention at the time,can I still get medical attention and file a claim 1 year later?

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If I was in a wreck and injured my back but did not file a claim or get medical attention at the time,can I still get medical attention and file a claim 1 year later?

I was assuming I had just strained my back and it would go away and since I did not have medical insurance I could not afford medical bills. So I did not get medical attention at the time of the wreck. However, My injury has just gotten more painful and has not ceased since the wreck. Can I still seek medical attention after 11 months of the wreck and file a claim against the negligent driver since I received my injury in the wreck?

Asked on March 3, 2012 under Accident Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

 

There is a two year statute of limitations in an auto accident personal injury case in Alabama.  This means you have two years from the date of the accident to file a lawsuit against the at-fault party.  Prior to filing the lawsuit for negligence against the at-fault party, it may be possible to settle the case with the at-fault party's insurance carrier.  You should file a personal injury claim with the at -fault party's insurance carrier.  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 any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier will 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 you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the at-fault party.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 


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