Car accidents are often chaotic and overwhelming, leaving victims uncertain about what steps to take next. Even if you walk away from the crash feeling relatively fine, you should seek medical attention as soon as possible.
While it’s tempting to believe you’ve escaped unscathed, injuries from car accidents can be hidden and may take days, weeks, or even months before you feel their effects. Failing to document these injuries early can harm your health and your ability to pursue fair compensation.
At The Rothenberg Law Firm, we’ve spent over 50 years helping car accident victims secure billions of dollars in compensation. One of the first steps in building a strong personal injury claim is ensuring a medical professional properly evaluates and documents your injuries.
Our personal injury lawyers know that seeking a medical exam after an accident—even if you feel fine—is crucial to protecting your health and your legal rights.
Hidden Injuries: What You Can’t See Can Hurt You
Some injuries from car accidents are immediately obvious, such as broken bones or lacerations. However, many serious injuries remain hidden in the hours or days following a crash. For example:
- Whiplash: Symptoms of whiplash, including neck stiffness, headaches, and dizziness, often don’t appear until days after an accident.
- Traumatic Brain Injuries (TBI): A concussion or more severe brain injury may not show immediate symptoms but can cause long-term cognitive, emotional, and physical problems.
- Internal Injuries: Damage to organs or internal bleeding may not be apparent right away but can become life-threatening if untreated.
- Soft Tissue Injuries: Sprains, strains, and deep bruises can take time to develop and worsen without proper care.
You can identify these injuries early by obtaining a medical evaluation promptly after your accident, preventing potential complications, and building a foundation for your personal injury claim.
The Importance of Progressive Injury Documentation
Some injuries, especially those involving the spine, brain, or joints, can progressively worsen over time. Without an initial medical exam, it may be challenging to prove that these injuries were caused by your accident. For instance:
- Back Injuries: A minor back strain could develop into chronic pain or mobility issues over time.
- Brain Injuries: A concussion might seem mild at first but could lead to debilitating migraines, memory loss, or personality changes.
- Joint Injuries: Knee or shoulder pain may not fully manifest until weeks after the accident but could require surgery or long-term therapy.
A thorough medical exam creates a baseline for your condition immediately after the accident. Follow-up appointments further demonstrate how your injuries have progressed, helping your attorney link them to the crash and argue for appropriate compensation.
Mental and Emotional Injuries: The Invisible Impact
Car accidents don’t just cause physical harm. They can take a significant toll on mental and emotional health as well. Common psychological injuries include:
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, anxiety, and nightmares can disrupt daily life after a traumatic crash.
- Depression or Anxiety: Persistent feelings of sadness, hopelessness, or fear may arise, especially if injuries limit your mobility or independence.
- Emotional Distress: Grieving the loss of a loved one or coping with severe injuries can lead to emotional pain that affects overall well-being.
Documenting these injuries is just as important as recording physical harm. Mental health professionals can evaluate your condition and provide a diagnosis, therapy records, or treatment plans that substantiate your claim for emotional damages.
How Medical Records Form the Basis for a Personal Injury Case
Medical records are one of the most critical pieces of evidence in a personal injury case. They document the extent and severity of your injuries, the treatments you’ve received, and the prognosis for your recovery. These records establish a clear link between the accident and your injuries, which is essential for proving liability and justifying your compensation.
Detailed medical documentation also supports claims for future damages, such as ongoing care needs or reduced earning capacity, and demonstrates how your injuries have impacted your daily life. Working with your attorney makes your medical records the foundation for building a strong, compelling case against the at-fault party.
Building a Strong Claim with Medical Records
When you seek medical attention immediately after an accident:
- Causation is Clear: Medical records created shortly after the crash directly tie your injuries to the accident.
- Severity is Documented: Detailed records of your symptoms, treatments, and prognosis support your claim for both immediate and long-term damages.
- Future Damages are Easier to Prove: If your injuries require ongoing treatment or impact your ability to work, early medical documentation lays the groundwork for pursuing compensation for future medical expenses and lost earning capacity.
Your attorney will use these records to build a compelling case, ensuring the insurance company cannot downplay or dismiss your injuries.
What Damages May Be Available After a Car Accident?
After a car accident caused by someone else’s negligence, you may be entitled to compensation for your losses. These losses, also known as damages, typically fall into two categories: economic damages, which cover measurable financial losses, and non-economic damages, which address intangible impacts on your quality of life.
Your personal injury attorney understands these categories of damages and will help you navigate the claims process. Your lawyer helps ensure you seek the full compensation you deserve. Various types of damages you may recover after a car accident include:
Economic Damages
Economic damages are tangible and relatively straightforward to calculate. These losses have a direct monetary value, supported by receipts, invoices, or other documentation.
Medical Expenses
Medical costs are often the most significant portion of economic damages after a car accident. These may include:
- Emergency care: Ambulance fees, ER visits, and urgent treatments.
- Hospitalization: Surgery, overnight stays, and related services.
- Ongoing medical treatment: Physical therapy, rehabilitation, and follow-up appointments.
- Medications: Prescription and over-the-counter drugs needed for recovery.
- Assistive devices: Crutches, wheelchairs, braces, or prosthetics.
Lost Wages
If your injuries prevent you from working, you may claim compensation for:
- Wages lost during your recovery.
- Sick days, vacation days, or PTO used because of the accident.
- Loss of bonuses or commissions.
Loss of Earning Capacity
If your injuries limit your ability to perform your previous job or prevent you from working altogether, you may be entitled to compensation for reduced earning potential. Your attorney may work with vocational experts to calculate this amount based on your:
- Career trajectory before the accident.
- Projected earning capacity if the accident hadn’t occurred.
Property Damage
This includes the cost to repair or replace your vehicle and any other personal property damaged in the accident, such as:
- Electronics (phones, laptops).
- Personal belongings (jewelry, clothing).
Out-of-Pocket Expenses
Other accident-related costs can include:
- Transportation to medical appointments.
- Modifications to your home or vehicle to accommodate a disability.
- Childcare or household help while you recover.
Non-Economic Damages
Non-economic damages are less tangible and more subjective, compensating for how the accident disrupted your life. They are often more challenging to quantify but no less important.
Pain and Suffering
This category compensates for physical pain and discomfort caused by your injuries. Factors influencing this amount include:
- Severity of the injury.
- Duration and intensity of the pain.
- Impact on daily life and activities.
Emotional Distress
The psychological effects of a car accident can be profound. Emotional distress damages may include compensation for:
- Anxiety, depression, or post-traumatic stress disorder (PTSD).
- Fear of driving or being in a vehicle.
- Sleep disturbances or nightmares.
Loss of Enjoyment of Life
If your injuries prevent you from participating in hobbies, activities, or other parts of life you previously enjoyed, you may seek compensation for the diminished quality of life.
Loss of Consortium
Spouses and close family members may claim damages for the loss of companionship, affection, or support due to the injured party’s condition. This is often applicable in severe injury or wrongful death cases.
Scarring and Disfigurement
Permanent physical changes, such as scars or amputations, can have significant emotional and social consequences. Compensation for these damages reflects the long-term impact on your self-esteem and personal life.
Future Damages
For both economic and non-economic losses, future damages account for the ongoing effects of your injuries. Examples include:
- Future medical expenses: Anticipated surgeries, therapies, or long-term care.
- Future lost earnings: Wages and benefits you would have earned over your career.
- Chronic pain or mental health issues: Long-term suffering requiring ongoing treatment.
How an Attorney Can Help Maximize Your Damages
Calculating damages requires a thorough understanding of your injuries, expenses, and the impact on your life. An experienced personal injury attorney can:
- Collect evidence, such as medical records and expert testimony, to support your claim.
- Work with financial and medical experts to calculate future damages.
- Negotiate with insurance companies to seek a fair settlement.
- Present a strong case in court if necessary.
The Risks of Skipping a Medical Exam
Failing to seek medical attention after an accident can significantly weaken your personal injury claim. Here’s how:
- Insurance Company Tactics: Insurers may argue that delayed treatment indicates your injuries aren’t serious or weren’t caused by the accident.
- Lack of Evidence: Without medical records, proving the existence and severity of your injuries becomes more difficult.
- Missed Deadlines: Some injuries may worsen past the statute of limitations for filing a claim, leaving you without recourse.
Remember, not seeking immediate medical care is not your fault. The aftermath of an accident is overwhelming, and many people focus on other priorities, like transportation or contacting loved ones.
What if I Didn’t See a Doctor? Can I Still File a Claim?
Yes, you can still file a personal injury claim even if you didn’t see a doctor immediately after your accident, but doing so may create additional challenges. Not seeking prompt medical attention can make it harder to prove the connection between the accident and your injuries.
However, this does not necessarily mean you’ve lost your right to compensation. An experienced attorney will help navigate these obstacles and build a case that supports your claim.
Consultation Process
When you consult a personal injury attorney, they will evaluate the details of your accident and any injuries you’ve suffered, even if a doctor didn’t immediately document them. Your attorney may be able to:
- Help identify evidence, such as witness statements, photos, or surveillance footage that ties your injuries to the accident.
- Guide you in seeking medical evaluations now, as it’s never too late to begin documenting your condition.
- Work with medical professionals to assess the impact of your injuries and connect them to the accident.
Statute of Limitations
Act quickly, as every state has a statute of limitations that sets a deadline for filing a personal injury lawsuit. In many states, this period ranges from two to three years from the date of the accident. Missing this deadline can bar you from pursuing compensation altogether.
How The Rothenberg Law Firm Can Help
With over 50 years of experience, The Rothenberg Law Firm has secured billions in compensation for accident victims like you. We understand the challenges you face after a car accident and are here to handle the hard legal work so you can focus on recovery. When you consult with our attorneys, we will:
- Help you understand your legal rights and options.
- Connect you with trusted medical professionals to document your injuries.
- Handle communications with the insurance company on your behalf.
- Fight for the full compensation you deserve, including future damages.
Contact Us to Protect Your Rights
After a car accident, pursuing both economic and non-economic damages is essential to fully compensate you for your losses. While economic damages address measurable financial hardships, non-economic damages recognize the profound emotional and physical toll an accident can take on your life.
Even if you feel fine after a car accident, don’t leave your health or your future to chance. A medical exam is vital for your well-being and essential to building a strong personal injury claim. By seeking prompt medical attention and consulting an experienced personal injury attorney, you can protect your right to fair compensation.
Contact The Rothenberg Law Firm today for a free consultation. Let us handle the complexities of your claim while you focus on what matters most—healing and moving forward. Call us at 800-624-8888 or contact us online to get started.
