In Virginia, you have two years to file a claim or lawsuit for injuries suffered in a car accident due to someone else’s negligence. This statute of limitations—the legal term for a time limit on filing a lawsuit against another party for damages incurred—applies to anyone involved in a car accident who suffered injuries, including drivers, passengers, pedestrians, and cyclists.
Two years is the statute of limitations for all personal injury lawsuits in Virginia, whether they involve an auto accident or not, with rare exceptions such as in the cases of medical malpractice and for minors. If your car accident claim involves property damage only, the statute of limitations is five years.
Car Accident Injuries
The rules for car accident injury lawsuits fall under Virginia’s personal injury laws. That is, you pursue damages for injuries suffered in a car accident the same way you would pursue damages for injuries suffered in a tumble down the stairs at a hotel, for example.
If your loved one died from injuries suffered in a car accident, you may be eligible to file a wrongful death lawsuit and recover damages on her behalf. Virginia imposes a two-year statute of limitations on wrongful death claims as well, beginning the date of death.
If you incurred property damages in a Virginia car accident, the statute of limitations for taking legal action is longer—five years. However, if you suffered injuries along with your property damage, you must still file a personal injury lawsuit within two years, even if you wait longer to take action on the property damage.
A car accident lawyer in Virginia can file a quick lawsuit if necessary to forestall any looming statute of limitation challenges. To speak with a lawyer from the Parrish Law Firm, PLLC about your case, call 571-229-1800 today.
For a Free Case Evaluation with a Car Accident Lawyer in VA, Call Parrish Law Firm, PLLC at 571-229-1800
If you suffered injuries in a car accident in Virginia, a lawyer can help you file a claim and recover compensation. Parrish Law Firm, PLLC is a Virginia car accident firm led by attorney Jim Parrish. Before starting his firm, Jim worked for years as an insurance company lawyer. He now uses information gained inside the industry to help his clients negotiate fair compensation from insurers.
Our team is eager to begin working on your car accident claim today. Don’t delay. Call us at 571-229-1800 for a free case evaluation.
Virginia law makes talking or texting on a cell phone while driving, often referred to as distracted driving, a crime. So, if a driver’s use of a cell phone caused or contributed to your accident, then the driver can be held legally responsible for your injuries. Contact our firm of personal injury lawyers in Virginia today at 571-229-1800 to receive the help you need.
In Virginia, no driver under the age of 18 may use a handheld or hands-free cell phone for any reason while driving. The Commonwealth considers this a secondary offense, so a driver cannot be pulled over just for cell phone use. However, a motorist can be pulled over and issued a ticket for cell phone use if the person was pulled over for a primary offense, such as speeding.
Ban on Texting
No drivers are permitted to send, receive, or look at texts while driving. Unlike the offense that applies to juveniles, texting while driving is a primary offense. This means any driver can be pulled over by police just for texting.
A person who drives a bus may not use a cell phone under any circumstances. This also is a primary offense.
Cell Phone Use While Driving Equals Intentional Negligence
Answering the phone, texting, shuffling your playlist while driving, or doing any other cell phone-related activity that distracts you from the road is considered intentional negligence.
Motorists are obligated to be mindful of others on the road. For example, a driver who chooses to send a quick text to a friend smashing into the side of another car because the motorist did not notice the intersection light had changed to red is negligent. By intentionally distracting themselves, drivers violate their obligations by placing other motorists, passengers, and pedestrians at risk.
Victims hurt in car accidents that were caused by negligent acts, such as texting or using a cell phone while driving, may be entitled to damages caused by:
Loss of enjoyment of life
Wrongful death – if you lost a loved one in a car accident, you may be eligible to recover a payout through a wrongful death action. Find out if you qualify to sue.
Virginia’s cell phone laws commonly affect car accident injury cases.
In some cases, punitive damages may be awarded. If there is evidence that a defendant’s conduct was especially willful or reckless, a victim may be entitled to punitive damages, which intend to punish the guilty and deter others from engaging in similar behavior.
If a driver’s cell phone use caused your motor vehicle accident, then you may be entitled to compensation for your medical bills and other losses. Call the Parrish Law Firm, PLLC at 571-229-1800 if you have any questions about how Virginia cell phone laws affect car accident injury cases and for a free case consultation to get started on your case.
If you have back pain after a car accident, you should seek medical attention right away. A full medical exam from your doctor will identify any injuries from the crash, including those you may not realize you suffered. Once you have received medical care, you can start looking into your options for taking legal action and pursuing damages. A car accident lawyer can help you with this process.
At the Parrish Law Firm, PLLC, we help car accident victims in Virginia recover compensation for their injuries. Our lead attorney, Jim Parrish, spent years representing insurance companies. He now uses the information he gained in that role to fight the same companies on your behalf, helping you recover fair damages after a crash.
For a free, no-risk consultation with a member of our team, call 571-229-1800 today.
The first thing you should do if you feel any pain – especially back pain – after a car accident is to seek medical attention right away. In fact, it is a good idea to get checked out by a doctor after a car accident even if you feel fine. There are several reasons to do so:
Treating Your Injuries
The quicker you get checked out, the earlier you can treat any injuries you have from the crash. With many injuries, including head and spinal injuries, early treatment is key to having the best chance of a full recovery. When you wait for days or weeks to seek medical care, you allow the injury to set in and, in some cases, worsen, making it more difficult to treat when you finally do get checked.
Discovering Any Hidden Injuries
Just because you do not look or feel hurt does not guarantee you escaped the crash unscathed. A medical exam can detect any hidden injuries you are not aware you have. Sometimes it is the worst injuries that wait several days or even longer before they manifest. But a doctor can often discover such injuries right away, enabling you to treat them before they become a problem.
Connecting Your Injuries to Your Car Accident
Connecting any injuries – whether minor or severe – to your car accident helps you recover damages from the other driver and their insurer. The longer you wait to seek medical care, the more tenuous this connection becomes, and the easier it is for the insurance company to cast doubt on whether it was the accident or something else that caused your injuries. It is best to get checked right after your crash, or at the very least, the same day that you start feeling back pain.
Once a medical exam has confirmed you have injuries, you can start the process of taking legal action to recover damages. If another driver was at fault for the crash, he is the one who should pay the costs you have incurred.
Compensation for Your Car Accident Injuries
You could be eligible to recover several damages for your car accident injuries. The specific compensation you may receive depends on the nature of the crash and the severity of your injuries but may include:
Comparative vs. Contributory Negligence in Virginia
While most states operate under a comparative negligence system, Virginia is one of a handful of states that use a contributory negligence system to assign car accident liability. Contributory negligence presents extra challenges when trying to recover damages because the other driver and their insurer may try to take away your right to compensation by claiming that you were partly at fault for the crash. A car accident lawyer can anticipate any such challenges and can draw up a plan to counter them, helping you preserve the ability to recover damages.
How a Lawyer Can Help
If you are ready to pursue legal action for your car accident injuries in Virginia, a lawyer can help. They can sit down with you, discuss the details of your case, outline the damages you might recover, and file a claim against the other driver and their insurer. Your lawyer can also investigate your accident and gather evidence, drawing a clear and compelling link between the other driver’s actions and your injuries.
Call 571-229-1800 Today for a Free Car Accident Case Evaluation With the Parrish Law Firm, PLLC
The car accident legal team at the Parrish Law Firm, PLLC, is eager to help you recover damages for your car accident injuries. We can hold the other driver liable and aggressively pursue compensation. Once you have taken care of your medical needs, call our office and schedule a free, no-risk case evaluation: 571-229-1800.
Diminished value of a car after an accident refers to its loss of market value. In a market economy, supply and demand determine the value of any product. A car, or any other consumer good, is worth what a buyer is willing to pay for it. But after a vehicle is in an accident, demand for that car usually decreases. Buyers are not willing to pay as much to own it. The car’s value diminished because of the accident.
If you were in a car accident, you deserve compensation for the drop in your vehicle’s value. Unfortunately, many insurance companies resist paying for this loss. The Parrish Law Firm, PLLC can help you recover the damages you deserve. This includes compensation for diminished value. For a free case evaluation, call our office at 571-229-1800.
After a car accident, you probably will not feel an immediate hit to your pocketbook from the diminished value of your vehicle. It is similar to owning a stock that suffers a precipitous loss in value. It only affects you if and when you sell the stock at a loss. Unfortunately, while a stock has the potential to rebound in value, a car does not.
Your car’s diminished value will affect you when you go to sell it or trade it in. The insurance company should compensate you after your accident for the monetary loss you will invariably incur at a later date.
Selling or Trading In a Wrecked Vehicle
Getting your car fixed after the accident so it looks and drives as good as new is not enough. It is still a wrecked vehicle. Any dealership or prospective buyer can find out in minutes that your car was in an accident.
To illustrate this point, your car’s diminished value can hurt your finances whether you eventually sell the car or trade it in. Imagine you are purchasing a new car and you tell the dealership that you are trading in your old vehicle as part of your down payment.
At the next desk over, another customer is working a deal with another salesperson. This customer is trading in a car that is identical to yours in almost every way. It is the same make, model, year, and color, and it has the same mileage.
The only difference between your car and the other customer’s is the history. When the dealership pulls a CARFAX report for both vehicles, it discovers that your car was in a wreck and the other customer’s car was not.
A Wrecked Car Equals Less Money
After reviewing the CARFAX reports, the two salespeople return to their desks and make their trade offers. Your salesperson offers you $6,000 for your trade. Then you happen to hear the other customer, the one with the car just like yours, get offered $8,000 for their vehicle.
Because the dealership cannot sell your wrecked car for as much as it can an accident-free car, it has to pay you less. This diminished value makes you lose money.
How Insurance Companies Calculate Diminished Value
There is no standard method across the insurance industry to calculate diminished value. Different companies determine it using different formulas and adjustments. Some insurers do not recognize diminished value at all to avoid compensating drivers for it.
Before opening The Parrish Law Firm, PLLC, Jim Parrish worked as an insurance company lawyer. He bore witness to the tactics used by insurers. Now he has dedicated his career to helping accident victims. He uses the information he obtained from inside the insurance companies to give his clients a leg up when fighting for damages.
The Parrish Law Firm team will fight to get you compensation for the diminished value of your vehicle.
The Parrish Law Firm, PLLC fights for the rights of car accident victims. We can help you recover the all the damages available in your case, including diminished value. Our founding attorney knows how to take on the insurance companies. For a free case evaluation, call 571-229-1800.
You should take an ambulance after a car accident if there is the slightest chance you could have a serious injury. If you elect not to take an ambulance, you should get checked by a doctor as soon as possible after the crash — even if you feel fine and have no apparent injuries. By getting a medical exam, you not only protect your health, but you may also strengthen your legal claim against the other driver.
Attorney Jim Parrish and The Parrish Law Firm, PLLC help car accident victims in Virginia recover the damages they deserve. We take on the responsible driver and the insurance company, holding them accountable for the injuries and other losses you sustained.
If you have or think you might have severe injuries after a car accident, your priority should be to get the medical attention you need as quickly as possible. Everything else you might consider doing after a crash (e.g., taking pictures, exchanging insurance information with the other driver) is secondary.
If an ambulance arrives on the scene right away, you should request immediate transport to the hospital. Otherwise, if you are able to use your phone, call 911 and tell them you have been in a car accident and need medical attention.
What if you are not sure if you have a severe injury? It is better to err on the side of caution. That is, if you may or may not be seriously injured, assume that you are until a doctor confirms otherwise. Since you are operating under the assumption that you are seriously hurt, you should take an ambulance in this situation.
If you decide not to take an ambulance after a car accident, you should seek medical care on your own as soon as possible after the crash. There are several reasons for this. Getting a medical exam immediately after a car accident (preferably the same day) helps you do the following:
Identify any injuries you may have
Treat your injuries right away
Improve your health outcome
Strengthen your legal claim
Not all injuries are apparent the minute you suffer them. Some injuries, especially soft tissue or internal injuries, take days or even weeks to manifest in symptoms. All the while, the damage could be worsening inside your body, becoming more difficult to treat when you do discover it.
In a stressful situation like a car accident, your adrenal glands release huge amounts of hormones. These hormones help you deal with pain and stress — but they can also mask potential injuries. You could have a severe injury and not be able to feel it because of the adrenaline surging through your body.
A medical exam can help you identify injuries and treat them before they get worse.
Treat Your Injuries Right Away
With many injuries, your prognosis for recovery depends on how quickly you receive treatment. If you let an injury fester for days or weeks, it can become difficult to treat.
By getting a medical exam, you can get treated right away for any injuries you may have, allowing you to recover faster and with less pain.
Improve Health Outcomes
When it comes to car accident injuries, early intervention and positive health outcomes go hand-in-hand. This is particularly the case with head and spinal injuries, both of which can be more serious than they seem at first.
Make it a point to get medical care the same day of your accident. It takes an hour or two of your time and could save you a lot of pain and inconvenience down the road.
Strengthen Your Legal Claim
The sooner after a car accident you receive medical care, the easier it is to link the accident to any injuries you have. With a gap of days or weeks between the crash and your injury diagnosis, it becomes much easier for the at-fault driver, their insurer, and their lawyer to raise doubt over whether the accident caused your injuries.
If you seek medical care straightaway, the other side will find it difficult to insinuate that your injuries resulted from something else.
Insurance coverage attaches to the vehicle and its driver. Therefore, a car owner is NOT liable for any accident that a friend, family member, or other borrower causes while operating the owner’s car. BUT, the car owner’s insurance will provide primary coverage for the person operating the car (if that person had permission to drive).
Primary and Secondary Insurance Coverage When a Non-Owner Wrecks a Car
If a car owner lends the car to a friend, and the friend causes an accident that injures somebody else, the car owner’s insurance acts as primary coverage for the injured person’s recoverable damages. The secondary liability coverage is the driver’s liability insurance.
For example, let’s say:
The car owner has $25,000 in bodily injury liability.
The injured person’s damages are $30,000.
After the initial $25,000 coverage option has been exhausted, the driver’s liability insurance would cover the remaining $5,000.
If you were injured in an accident involving a non-owner who was driving someone else’s vehicle, speak with a car accident lawyer. Insurance coverage is more complicated in these situations, and we can help you sort it out and pursue compensation for the full value of your damages.
The Car’s Owner Could Be Liable for Negligent Entrustment
If the car owner was negligent in allowing somebody else to drive their car, and the driver causes a wreck that injures somebody, the car’s owner can be personally liable for negligent entrustment.
For example, if the car owner allows somebody who is obviously drunk to drive their car, and the drunk driver causes a wreck that injures somebody else, the injured person can hold the car owner liable for their injuries, as well as the drunk driver.
If the person driving the owner’s car did not have permission to drive the vehicle, the car owner’s insurance would not cover the driver. And, thus, the car owner’s insurance would not cover people injured in an accident caused by the driver.
In cases of non-permissive use (i.e., the driver did not have permission to drive the owner’s car), the at-fault driver’s insurance acts as the primary coverage option.
Do Not Worry About Paying for Damages Caused By Someone Who Stole Your Car
The owner is not responsible for accidents that follow the theft of the owner’s vehicle or other use of the vehicle without the owner’s consent. The owner’s insurance is liable only for those accidents where the owner authorized or consented to the driver’s use of the vehicle.
Another Party Could Be Liable for the Car Accident
Your friend might have gotten into a collision while driving your vehicle, but that does not mean that they caused it. The other driver in the crash could hold full responsibility. For instance, a commercial truck driver might have been driving while under the influence and hit your friend (in your car).
Our Team will Fight for Compensation on Your Behalf
There are numerous approaches to proving liability and finding insurance to cover injury claims. The best approach is the one that is right for your case. Whether the car’s driver or its owner is liable in a car crash depends on who was at fault. However, it might be more complicated than that.
Call us if you were in an accident and need help pursuing compensation for all your:
Estimating a value for all your accident-related losses
Answering your questions
Empowering you to pursue a fair outcome to your case
Communicating and negotiating with insurance companies
Standing by you in court, if the need arises
Protecting your rights
Discussing your options with you
Talk to your lawyer about who could be liable for the accident that involved your vehicle. You might face the possibility of having your insurance cover the damage to your vehicle or your friend’s injuries.
Your friend might also be able to secure an award if they were not responsible for the accident.
A car accident attorney can represent your interests if you were the victim of any type of accident involving a vehicle and you weren’t at fault. If you were injured or a loved one was killed in any of these types of accidents, you may have a valid claim:
We can help any injured party whose life was turned upside-down due to another party’s negligence. If your damages weren’t your fault, let a personal injury lawyer who specializes in accidents help you hold the responsible party accountable.
Call the Parrish Law Firm, PLLC for Help After an Accident
To discuss your case, call the Parrish Law Firm, PLLC at (571) 229-1800. We offer free consultations to prospective clients, and you will not have to pay us upfront for our services.
Knowing what to do if you witness a car accident can help save lives. The next time you see an accident, remember to do the following:
Even if you cannot render physical aid, there other ways to help. Take a deep breath, call for help, safely assess the scene, and assist only if it is safe.
Keeping your wits about you is key. Witnessing an accident can be upsetting, even traumatizing. To help, it is essential that you do not panic. Taking a slow, deep breath will help you stay calm and focused.
Being calm and focused will help ensure your own safety and enable you to make better decisions. You will also be able to make a more effective call to 911 so that any accident victims receive help as quickly as possible.
Call for Help
Stop your vehicle safely, somewhere that will not result in a second accident. Park a safe distance from the accident and turn on your hazard lights. Dial 911 to request the aid of first responders.
Never assume that another bystander has already phoned 911.
If you are in an unfamiliar area, look for mile markers, exit signs, or anything that will enable you to give the dispatcher information about your location. Without putting yourself in danger, give the dispatcher as much information as you can about the scene.
Even if the accident was a minor “fender bender,” involved parties may require immediate medical assistance. Approach any injured victims with caution to ask whether they are OK and listen for a response.
Assess the Scene
If victims sustained severe injuries, waiting with them for help to arrive is a generous gesture. Your mere presence with a victim can comfort him/her until professional help arrives.
This does not mean that you should put yourself in harm’s way. Leave your own automobile only if you can do so safely.
Even if no one was seriously injured, your assessment of the accident scene could prove very useful to investigators in the future. You may wish to note any details. If, for example, the accident was a hit-and-run, record as much information as you can remember about the fleeing automobile.
Your observations of the accident could shed light on otherwise unanswered questions should disputes arise about how the accident occurred.
Mind Your Own Safety
Be mindful that leaking vehicle fluids can be flammable, and that hazards on the scene can expose you to danger. You should also be on the lookout for broken glass.
Do Not Confront Any Involved Parties
In some cases, those who stop to help can find themselves in danger if they decide to confront an obviously intoxicated driver or one who tries to flee the scene. Leave any questioning or law enforcement up to police officers and other trained professionals.
Thanks to the “Good Samaritan Law,” you do not have to worry about liability for making a good faith, reasonable effort to help. This law encourages citizens to help each other.
Virginia’s law states that a third party who renders emergency care or assistance to an ill or injured person at the scene of an accident, fire, or any life-threatening emergency shall not be liable (except under some extraordinary circumstances) for civil damages for acts or omissions resulting from the rendering of such care or assistance.
However, it is best to leave physical assistance to trained responders. It can be risky to try to render any support other than emotional support to victims unless you have received specific training. We recommend that you do not move an injured party unless remaining in that area would endanger the person further.
Responding law enforcement officers may ask you for a statement and your contact information. Providing such information does not make you a suspect or a liable party. It is important that you are honest and stick to the facts. Do not speculate on what either driver was doing before the collision.
You may also eventually receive requests from information from insurance company adjusters, investigators, the parties themselves, or a car accident lawyer for either party. If you have the knowledge that they are seeking, providing it may help resolve any disputed issues.
You have braved a stressful ordeal that most people have not. Witnessing an accident can traumatize bystanders, even if they were not in physical danger. Reach out for help if you find yourself reliving the accident or are preoccupied with its details.
After a car accident, the first step is to secure the scene. Next, attend to follow-up details and comply with medical advice. Then, you may want to consider seeking legal counsel as soon as possible. A lawyer from our team can manage your case from start to finish while protecting you from insurance company tactics that are not in your best interest.
Your first responsibility is to stay safe. If your vehicle is still operable, you may try to pull over to the shoulder of the road so that you’re not vulnerable to oncoming traffic. However, understand that moving your car will disrupt the scene and may alter the investigating police officer’s view of what occurred and how it occurred. After ensuring your own safety, you must attempt to help others.
Va. Code § 46.2-894requires drivers involved in an accident to stop and try to help injured people at the scene. Call 911 as soon as it is safe to do so. Unless you suffered severe injuries, the law requires you to render whatever assistance you can to other injured persons.
Document the Car Accident Scene
Photograph the entire accident scenefrom a variety of angles if possible. While not always feasible, it is also a good idea to photograph the individual vehicles from multiple angles before moving them.
If you have them, use flares or emergency signaling devices to divert traffic from disabled vehicles. Only turn them on if you will not put your safety at risk. The law does not require you to put your well-being in jeopardy to render aid at the scene.
Take pictures of any additional details that may be relevant, including:
Traffic control devices
Road signs or markings
Collect as much information as you can from victims and bystanders, such as the other driver’s license, vehicle registration, and contact information. Take down witnesses’ phone numbers, as well.
Find out from a responding law enforcement officer when a report will be available and how to access it. Make sure that you get the responding officer’s name and badge ID number, as signatures are not always legible.
If you leave the scene of an accident without rendering assistance, you could be criminally charged and lose your driver’s license. In the event that you were unable to call 911 at the scene, be sure to report the accident to your nearest police station as soon as possible.
Symptoms of concussions, soft tissue injuries, and even internal injuries can arise after the accident. Shock can also prevent a victim from knowing the actual state of his/her medical condition right after the collision. So, if you go to the hospital or your primary care physician, you can start treatment right away, which will help prevent your injuries from worsening.
Getting proper medical care will help your cause in the event you want to claim against the other driver’s insurance forcompensation. If you do not seek medical attention, the insurance company will argue that you were never injured. An insurance company might also say that you aggravated your injuries by not taking care of yourself.
Follow any medical advice that you receive after the accident. Keep any follow-up appointments recommended by healthcare providers, even if you believe it is unnecessary.
How to Pay for Medical Care After a Car Accident
You may have health insurance coverage or Med Pay coverage, which covers your medical bills up to your Med Pay coverage limits regardless of fault. If you do not have insurance and cannot afford treatment, you may need a letter of protection to receive the medical treatment that you need.
A letter of protection basically reads that the health care provider will be paid from any settlement or court judgment and protects the provider from financial loss. A car accident attorney with our firm can help you navigate the claims process and fight for the compensation you need to recover.
Document How You Feel Every Day
If you have not done so previously, you may want to write down or record as many of the details of the accident as you can remember. Keep a log of any symptoms and limitations you experience, as well as all expenses you are incurring because of the crash.
Secure Legal Counsel Before Speaking to an Insurance Company Representative
Your insurance policy requires you to notify your carrier of an accident as soon as you can. We recommend that you provide only the basic information until you can speak with a car accident attorney.
Our legal team can take on all aspects of your case for you, including:
Naming the negligent party
Determining which damages you qualify to recover (e.g., lost wages, medical expenses, “pain and suffering” and inconvenience, etc.)
Meeting any deadlines imposed by the state
Speak to the insurance company and other parties involved in your case
Represent you during settlement negotiations and/or a jury trial
Working with an attorney on our team can help you avoid costly missteps when dealing with an insurance adjuster working for the other driver’s insurance company. Insurance adjusters may try to mislead or trick you into agreeing with them. They may want you to give a recorded statement, authorize the release of your medical records, or sign a work record release. Signing any documents the other driver’s insurance company sends you is not a good idea.
Getting Started on Your Car Accident Case Right Away
Don’t delay in preparing your case after you were hurt in a car accident, as there are strict deadlines enforced by the state. UnderVa. Code § 8.01-243, there is generally a two-year time limit to file a personal injury lawsuit. You may not be allowed to pursue compensation if you fail to take legal action before the deadline ends.
The Parrish Law Firm, PLLC Is Here to Help After a Car Accident
Unsure about what to do after a car accident or have questions regarding your auto accident case that remain unanswered? The Parrish Law Firm, PLLC dedicates its practice to injured victims. We will not charge you any upfront fees to get started with a case, and we will only be paid if we obtain a financial award on your behalf.
Seek Proper Medical Attention and Follow Your Doctor’s Directives
If you did not seek medical attention immediately after the accident, go as soon as possible. If your back pain symptoms did not manifest for hours or days, or if you did not visit the doctor soon after the collision, it can be difficult to establish a link between your pain and the car accident. Getting the right treatment as soon as possible is also critical to preserving back and spine function.
Follow Your Doctor’s Orders
Sometimes injured parties disobey doctor’s orders or skip their appointments. Life gets in the way, or sometimes the treatment is too expensive to keep up with. However, this can jeopardize your health and your right to recover compensation.
If your doctor tells you to remain on bedrest for three weeks or avoid lifting heavy boxes, do so. If you ignore your doctor’s orders and the other party’s insurer finds out, it may allege that you are exaggerating your injuries or contributing to them. In either case, you may lose money you deserve.
Note: You may want to ask your doctor how you can help expedite your recovery. Your doctor may instruct you to apply ice or heat to your back, do light stretches, or take a short walk around the neighborhood to keep your muscles active. You should do as your doctor suggests unless it causes you pain.
Following an accident, it can be useful to keep a daily record of the pain you are experiencing. Be specific about where your back or neck pain is occurring.
Write down any particular movement or activity that makes the pain worse. Take note of what (if anything) you have done that lessens the pain.
Include the intensity of the pain on a scale of one to 10 and any details such as whether the pain is dull and aching, throbbing, stabbing, radiating, or fixed. Also, record any spasms or areas where you feel a numbness or tingling sensation.
Keeping this record will not only increase your chances of receiving an accurate diagnosis, but it could be useful in the insurance claim process. Your lawyer may recommend that you make a pain and suffering claim. Having a record of your pain and suffering could be helpful, especially in the case of lumbar strains where an objective diagnosis can be difficult.
Modify Activities Accordingly
Do not try to work through your back pain. Unless your physician has allowed you to proceed, it is important to refrain from rigorous physical activity. Do not try to lift heavy items or engage in hard physical labor. Doing so could make your condition worse, even permanent.
If you take over-the-counter medication to reduce your back pain, be sure to do so only as the packaging instructions direct.
If you are considering filing an accident claim against the other driver, you must be cautious about what you say regarding the accident. Refrain from posting about the accident on social media and be very careful when speaking with an insurance adjuster as they can use anything you say against your claim. The adjuster can twist something as innocent as “I’m OK” or “I’m sorry” to claim you admitted fault or that you are uninjured.
Talk to a Personal Injury Attorney about Your Rights
If you believe another party caused your accident, speak to a car accident attorney familiar with back pain cases. You may be entitled to any losses related to your back pain and any other injuries. The Parrish Law Firm, PLLC is dedicated to helping accident victims recover compensation for back injuries and other damages. We can help you build your case and defend against any tactics the insurance company tries to use to devalue or deny your claim.
If you or someone you know has suffered injuries from a car accident, call 571-229-1800. The consultation is free, and we work on a contingency basis, so you owe us nothing upfront. We only get paid if you get paid.
If possible, take pictures of your vehicle and the other vehicle involved. Take pictures of the location where the accident took place. Get medical attention as soon as possible after the accident. Other than reporting your claim to your insurance company, you should not give them statements about the accident. Talk with a lawyer first.