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Can I File a Personal Injury Claim if I Didn’t Go to the Hospital After My Accident in Indiana?

On Behalf of | Nov 15, 2020 | Personal Injury

While the perfect personal injury situation would have the accident victims rushed to the hospital in an ambulance, that’s not always the case. Some people decide to rush to work for an important meeting or rush home to their young children.

Every personal injury case is different, and you deserve compensation if you got injured in the accident. It doesn’t matter how long it took for the symptoms to set in, you can still file a personal injury claim with the help of experienced personal injury attorneys in Indiana.

Remember that a lot of times, the adrenaline and shock from an accident can mask the pain of the injuries, and you may not see the need to go to the hospital. Besides, the effects of most back and neck injuries don’t manifest until a later time.

On What Basis Can I Be Denied Compensation If I Didn’t Go to Hospital?

If you fail to go to hospital within a ‘reasonable’ time following an accident, the insurance company can use it as an excuse to deny you compensation. They could argue that your injuries could be from a separate event and not from that particular accident.

A skilled PI lawyer can defend you and make sure that you get every penny of the compensation you deserve. Even if you had gone to the hospital after the crash, the doctor might still not have noticed soft tissue injuries because they usually don’t show up on an X-ray anyway.

What Is Considered A ‘Reasonable’ Time to Go to Hospital

For most insurance companies, 72 hours after the accident is considered a reasonable time to see a doctor. If your primary care physician isn’t available within 72 hours, you can be attended to at an urgent care clinic.

Notably, you may pay more out-of-pocket at an urgent care clinic than you would with your doctor, but not to worry because you can get compensation when you present the bill to the insurer. Similarly, if you opt to see a chiropractor instead, insurance companies treat it as seeing a doctor.

After What Period I’m I Barred from Seeking Compensation

You may lose your legal right to file a personal injury claim in Indiana two years after the accident occurred. If you haven’t started the process yet, it is not too late if the period stipulated in the statute of limitations hasn’t elapsed.

If the required time expires, the court will refuse to hear your case, and the insurance company will also decline to give you what you rightfully deserve. Note that the counting begins on the date of the accident.

What Should I Do if the Statute of Limitation Is About to Expire?

Towards the expiry of the statute of limitation period, the insurance company will most likely refuse to pick your calls. It will be in their best interest if you run out of time, but a car accident attorney in Anderson, INcan also pursue your best interests.

If two years are about to elapse, filing a lawsuit is an excellent way to keep your claim going. The expiration period will not affect your right to compensation, even if the case is finalized after that date.

Does It Matter If I Was Partly At Fault?

Indiana uses the comparative negligence law to determine whether or not you deserve compensation, and if you do – in what proportion. The jury usually evaluates the witnesses’ accounts, police report, and medical records, if any, to determine fault.

If you were partly at fault, you would be awarded compensation, less your percentage of fault. However, if your responsibility in the accident exceeds 50%, you may not receive any compensation. An Indianapolis personal injury lawyer can help you put together all the relevant pieces of evidence that will convince the jury to award you the maximum possible amount.

What If I Didn’t Have a Valid Driver’s License When I Got Injured?

You shouldn’t worry about not receiving personal injury compensation simply because you weren’t licensed to drive. Determination of fault in Indiana is a separate subject, and your driving license’s validity is irrelevant. And even if you go to trial, the jury will not be interested in this data, and it will not affect what they award for your claim.

So don’t let your worries hinder you from filing a claim in Indiana. What really matters in a personal injury case is your degree of fault and the extent of the injuries, pain, and suffering. And it won’t cost you anything to consult with a legal professional since most initial consultations are free.

Can I File Personal Injury Claim If It Was a Hit and Run Incident?

The uninsured motorist insurance covers your compensation if you get injured in a hit-and-run incident. You don’t have to bear all the financial burden of personal injury by yourself. Your family will often be there for you emotionally, but it is not fair for you to pay for the pain caused by another negligent driver that left the accident scene.

While compensation for a damaged vehicle is relatively straightforward, personal injury claims are a bit complicated. And it is easy to get short-changed if you don’t have a legal representative by your side. For instance, insurance companies often tell victims that they aren’t eligible for compensation if they didn’t go to the hospital, which is not true.

Get Advice from a Qualified Legal Professional

Since nobody anticipates getting into an accident, you are not expected to do everything ‘right.’ While going to the hospital after the crash can save you from future health complications, there is no law in Indiana that bars you from receiving compensation for failing to see a doctor.

If you have any questions regarding your personal injury case in Indiana, channel them to PI attorneys that offer in-depth, decisive, and personal legal services. Call Beeman Heifner Benge P.A. today at 765-234-1783 for a secure and free no-obligation case evaluation.