I had an accident, i wanted 4 months to go the the physical therapist, the adjuster said i waited to long?

Question

i had got a layer because i know that the adjuster was going to give me problems from the start.

well long story short, i waited almost 4 months to go to the physical therapist. i stasrted to feel pain about 50 days after the acident. i was not trying to get over on anyone just felf like it was my right.

i took many days off work, caught the bus in the summer heat. etc.

well when it was all said and done. the one adjuster paid for my doctor bills., but the other adjuster is not trying to pay for my pain and suffering bills

i dont understand how the doctoer can get compensated but i cant.

it was been very hard on me.

anyway my lawyer is taking this to court.

so i guess my question is,..................

what are the outcomes in caese like this that get taken to court

Answer 1

You did not say if you were injured on the job or outside the work place, either way, waiting 50 days to get therapy will be a huge red flag for any claims adjuster. You could have done any number of thing from the time you were injured to the time you wanted therapy. So the fact that you waited so long with no real excuse will almost always cause a denial or delay in treatment. You state that you are not getting anything for pain and suffering, give me a break!! You waited 50 days to get therapy and are now whining that you are having a hard time. You messed up on this one, so stop playing the victim here. If you were injured on the job, you are not entitled to any pain and suffering monies. If you actually have a lawyer, then he/she must feel you have a case as an attorney would not take this case unless he/she felt they could win. You will have to pay some of any settlement you receive to your attorney. Taking time off work for "heat" will not fly either in trying to get an administrative law judges sympathy.

Answer 2

Waiting 4 months to see a therapist shows it may not be related to the accident. I'm an adjuster, and I wouldn't pay for that either. If you really needed help, it would be done soon after the accident. You said you weren't in pain until 50 days later. Injuries from an accident do not wait that long to show up.

Take the case to court and you'll have a long long wait to get compensated. Even then, if you even win, almost all your money will go straight to your lawyer for their fees.

Answer 3

If you did not feel pain until 50 days later, and did not need to go to the therapist until FOUR MONTHS after the accident, then the court will likely conclude that your pain and need for therapy were unrelated to the accident, and were a function of something else you did. So the case will most likely be thrown out.

Think about it, if you were on a jury, and the plaintiff said they were suffering jaw pain & dental problems because the defendant punched them 120 days ago, would you believe that?

The lawyer will do his/her best, I'm sure, but is just basically taking your money!

Answer 4

You waited too long. If you hurt yourself.. your body is not going to be all fine and then one day out of the blue....go "ouch I hurt from something that happened 4 months ago". Most likely the pain you started to feel 50 days after the accident was not caused by the accident but by some other activity. And no...it does not have to be a major thing.

Think about it....you work in your yard. You go in...get a shower...go to bed. The next day you wake up sore and stiff and can't hardly move. You know with in 24 hours that you over did it. Your body does not have no pain.....and then wait a week before it decides to get sore/stiff from the yard work that you did the week before.

Another example..... you go to the gym....over do it lifting weights and pull a muscle.....yep.. you know right away that you hurt yourself. It might get worse the next day or two - but you have pain right away. None of this ....no pain.. and then 4 months later your muscle tells you...."hey...remember when you pulled me 4 months ago at the gym....ouch I hurt now."

When are riding your bike.. you hit a pot hole, fall off and brake your arm....yep...arm lets you know right then you broke it. Does not wait 4 months to start hurting.

You reach for a pot of hot water on the stove...water spills over and burns your hand.. Yep.. pain right away lets you know you hurt yourself. It does not wait 2 weeks to start hurting.

In general...juries are not stupid. Depending on venue... you could have an up hill battle. And to be honest... you don't deserve to be paid for the pain that happened 4 months after the accident. The accident did not cause your injury.

Answer 5

50 days...too much can happen in that time. I would not give you a dime.

The reason the meds were paid and no P&S could be several things. Different portion of coverages on the policy, reevaulation of the cliam. Regardless the insurance company is well within their rights to do this.

Soft tissue injuries normally resolve within a few months. A delay in treatment of more than 2-3 days is questionable. I would be amazed if you would win anything. Depending on your jursidication I would think you have an uphill battle on your hands.

Answer 6

Some lose, some win. Depends on the attorney, jury and judge.

If you can prove pain and suffering, or your attorney can then you stand a chance. If you are just looking for a pay day and have nothing to back up your claim then chances are you are going to lose.

Waited four months even though you felt pain in less then two months? They are going to look at that and think there was not enough pain for you to feel you needed to take care of it so why should they pay you for it.

Good luck.

Answer 7

It is HIGHLY unlikely that you can prove that your current health condition stemmed from the accident...4 months is a very long time.

Did you go to the doctor right after the accident? Your post doesn't say that you did...another problem...you should ALWAYS go. If you did go right after the accident..then THAT is why the doctor bill is being covered.

I hope your lawyer is taking the case on contingency, b/c I have a feeling that you will lose the case once you get into court. I would hate to see you get stuck with a big legal bill.

Answer 8

You usually lose. You have to prove that the injury is caused by the accident, and not something that happened 50 days later, when you started feeling pain. It's really hard to do.