What should we do if my husband was injured in car crash?
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What should we do if my husband was injured in car crash?
About 3 months ago, my husband was slowed to almost a complete stop and was turning onto the road to return to the shop he works at. He was hit from behind really hard. He was driving a company van and was on the clock. He said his neck hurt instantly and also started to get a headache a few minutes later. He thought he would eventually be OK and didn’t go to the ER right away. The next day he was hurting worse in his neck and back. The doctor at the ER said he had
mild whiplash and prescribed him pain meds/muscle relaxers. He took the next few days off work. People were telling us for him to contact a lawyer. He didn’t want to because he said I wouldn’t want anyone to sue me. He didn’t want for people to see him as a sue type person. People were constantly telling him to call morris Bart. He didn’t call anyone. Well it has been 3 months since the accident and he is experiencing more severe neckk pain than ever before. He also has pre-existing neck problems. He has deteriorating bones in his neck and back as well as arthritis in his neck and herniated disk in his back. He has always had neck issues but it is in a different spot this time and he has been in severe ongoing pain for the last 3 weeks or so. He wakes up every morning in pain and has trouble sleeping because of it. He filed a claim with the other driver’s insurance company for them to pay for the hospital visit. That’s all. He didn’t file anything to get money lost from his days missed at work or pain and suffering. Like I said he isn’t a sue happy type person . he is a good honest man. However, due to my husband’s history of back and neck issues, I feel that the accident very well could have exasperated the problems causing them to be worse. I also fear he will retire early before his time because he has always been in a lot of pain over these years and so much worse lately. He is 42. Is it too late for him to see a lawyer about this? We also have no money for doctor visits and exams, X-rays, etc. We both work full-time and make under $30,000 a year together. Would a lawyer send him to a doctor and if he has a claim, will it pay for the doctor?
Asked on October 16, 2016 under Personal Injury, Mississippi
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since your husband was injured while on the job, he has a workers' compensation claim and can file that claim with his employer's HR department.
Workers' compensation will pay for the medical bills and wage loss, and will provide referrals to doctors. Your husband needs physical therapy and not just pain medication for his injuries.
It is NOT too late to see a workers' compensation attorney.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, it is not too late at all to see a lawyer about this and sue: you have up to 3 years (not just 3 months) to bring a legal action (lawsuit) for personal injury in your state.
The lawyer cannot pay for your doctor's fees, but the doctor can choose to take the case on a "lien" basis in which they get a lien against (or claim on) what you recover and will wait until the case is over to be paid (though if you don't recover money, you'd have to pay the doctor then out of pocket). A personal injury attorney will likely know doctors who will work this way.
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