Question: My 44-year-old wife was injured in an auto accident (other driver ran a red light), and was taken to the hospital by ambulance on a backboard. She has had neck pain and loss of neck motion since the accident, about three weeks ago. After evaluation of an MRI by her physical therapist, she has been told that the accident aggravated existing problems with her spine, and that she needs to consult a neurosurgeon regarding surgery, to ensure that her condition does not worsen over time. Since she was totally asymptomatic prior to the accident, should this surgery and treatment be pursued as a part of the accident claim?
Answer: This surgery and treatment should absolutely be pursued as part of your claim. In this type of situation, it is highly recommended that you immediately contact a personal injury attorney in your area and see whether or not the attorney is in a position to undertake your wife’s and your representation in this matter. In the interim, your wife and you should not give any statement to the adverse insurance carrier nor grant them access to your wife’s medical records. Follow through with any of the doctor’s recommendations for your wife, including referrals to physical therapists, chiropractors, etc. Remember, the insurance carrier is neither your friend nor your good neighbor. The sole goal of any insurance company is to maximize their profits by paying you nothing, or as little as they possibly can on any claim. You are entitled to proper compensation, contact an experienced personal injury attorney in your area immediately.