Failure of Rear-End Victim to Seek Medical Care Results in No Recovery Despite Back Injury


April 27, 2015

Our Atlanta Auto Accident Attorneys at Montlick and Associates have been tenaciously advocating for victims of negligent drivers for over 30 years, so we recognize the factors that can torpedo a successful claim for damages. Rear-end collisions are one of the most common types of motor vehicle collisions. Liability often is easier to prove when pursuing an insurance claim based on a rear impact crash. However, the task of proving the extent of your injuries can be challenging, especially if there is no apparent vehicle damage.

Our law firm advises anyone involved in a collision to consider seeking medical attention immediately, even if you believe you have no serious injuries. If a car accident victim elects to leave the crash scene without immediately getting checked out, he or she should consider going to the emergency room or a doctor as soon as any symptoms begin to appear. When medical treatment is not sought promptly, insurance companies raise questions about whether the injuries really were caused by the accident or by another incident, and the result can be unpaid medical bills, lost wages and other forms of uncompensated loss.

A recent personal injury lawsuit involving a Gwinnett County crash provides a compelling case for seeking prompt medical advice following a car accident. During the Jackson County trial, the defendant conceded that she was responsible for causing the impact between her vehicle and the plaintiff's car, according to the Daily Report. The defendant reportedly indicated she tried to stop her car in the rain before rear-ending the plaintiff, but she failed to do so in time on the wet pavement. The police cited the defendant for failing to follow at a safe distance.

Although the defendant did not attempt to contest liability, she contended that contact between the vehicles was negligible and that the plaintiff did not complain about any injuries at the scene of the accident. According to court documents, the plaintiff also did not see a doctor for months following the accident.

However, the plaintiff and family members testified that she started to suffer pain in her shoulder, neck and left arm. She attempted to manage the pain with over-the-counter medications and ice packs. Subsequently, she saw a chiropractor who gave her injections, but the course of treatment provided no relief.

Eventually, the plaintiff had to undergo spinal disk fusion surgery to repair herniated disks and incurred medical bills amounting to $48,600. Despite the severity of the plaintiff's injuries and extensive medical bills, the jury returned a verdict in favor of the defendant. The plaintiff's decision not to see a doctor until more than two months after the crash combined with the lack of vehicle damage resulted in the jury finding that the accident did not cause the plaintiff's injuries. It is possible that prompt medical attention would have resulted in a vastly different outcome.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case!

Contact Montlick and Associates for your free consultation to learn how we can help you recover all the compensation you deserve. Montlick and Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty years, including but not limited to all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.