If you are the victim of a car accident and now suffer from constant headaches, immediate medical attention and early documentation are vital.
Dealing with headaches can be painful, debilitating, and interfere with living a full life. If this is your situation, you need to understand your legal rights.
Headaches can be included as a part of your claim, but they usually serve as evidence to point out another specific injury or condition. In certain situations, though, they can be considered hard evidence for damage that is harder to prove, like emotional stress arising in the accident’s aftermath.
What to do if You Have Constant Headaches After an Accident
To ensure you receive the medical care and legal compensation you’re entitled to, it’s essential to follow these steps if you continue to suffer from headaches:
- Schedule a doctor’s appointment right away – Time is of the essence to properly diagnose and document any headache after a car accident. The sooner you see your doctor, the sooner you can begin getting the necessary medical care to get back to normal. Just as important is having the doctor rule in or out other possible injuries such as a traumatic brain injury. And early documentation of a diagnosis can help if the insurance company refuses to pay for your medical care by claiming that the diagnosis was made weeks or months after the fact.
- Don’t assume it will improve on its own – No matter how optimistic you are that your headaches will improve, they could be the symptom of something more severe if it’s not treated promptly and correctly.
- Contact an experienced car accident lawyer – Talking to a lawyer about your case can help ensure you receive the necessary medical treatment and compensation. They will help you understand the legal nuances of talking to the insurance company and filing a claim.
- Inform your insurance company about your headaches – You must include your headaches in your application for benefits.
- Do not sign a settlement or waivers – Do not sign anything until you have discussed your case with your attorney. This includes documents from your own insurance company.
Filing an Injury Claim
The value of an injury claim based on headaches resulting from a car accident depends on various factors:
- Pain and suffering caused by headaches and other bodily injuries sustained in the accident.
- Expenditure on medical treatment of headaches and the underlying cause such as traumatic brain injury or whiplash.
- Loss of wages for the days you cannot go to work due to severe headaches.
- Change in lifestyle or loss of enjoyment, for example, if you had to give up certain hobbies and activities due to headaches.
If you suffer from headaches after a car accident, you should protect your right to compensation by speaking to a NY car accident lawyer at Apicella & Schlesinger Attorneys at Law.