Hey Mr. tough guy. You had a really good New York car accident case after that car pummeled you from behind. It was all his fault. You were just minding your own business waiting for light to turn green when — bang! — that bozo ran right into you. Then your head snapped back and forth like a bobblehead doll gone bonkers.
A Central and Syracuse New York car accident lawyer like me could probably could have gotten that bozo’s insurer to pay you some good money for all you have been through — the pain, the pills, the physical therapy, the trigger point injections, and the future almost certain fusion surgery. But you blew it. How? You refused medical treatment at the scene, and then tried to tough it out for a month before you finally dragged your butt into a doctor’s office.
Now the insurance adjuster won’t pay your claim. This is how she is thinking: This guy’s neck pain can’t have been caused by the car accident because he never sought medical treatment, or complained about pain, until a month after the accident. If he were hurt in the accident, he would have immediately, or at least the next day, gone to the hospital. If I take this case to trial, I can probably get the jury to believe he decided to milk his neck pain for all its worth by saying it started right after the accident when in fact it did not start until a month later and had nothing to do with this car accident.
Mr. Tough guy, next time you get clobbered in your car, or on your motorcycle, or wherever, especially if it is someone else’s fault, don’t take any chances. Don’t assume you can tough it out, that it will get better on its own. If some part of you hurts, for Christ’s sake, get to an E.R. and get it checked out. You are not in a good position to judge the seriousness (or lack of seriousness) of your injury. Leave that to the professionals. The extent of your injury might not become fully apparent until later. If you check out fine, all you have lost is a few hours in the E.R. instead of being home watching T.V. And a lot of E.R.’s have T.V.’s! And aside from protecting your health, you get the side benefit of having documented that your pain started when you were struck. Then the insurance adjuster won’t be thinking you are scamming her, or that she can convince a jury you are scamming her. She knows, and I know, that jury’s are very skeptical of personal injury claimants like you.
Now get ready for trial because your case won’t settle. And take some extra pills with you — you will be sitting in the courthouse all week.
Email me at: firstname.lastname@example.org I’d love to hear from you!
Michael G. Bersani, Esq.
Central NY Personal Injury Lawyer Michaels & Smolak, P.C.