By: Chris Brasure

Can I File A Personal Injury Claim If I Didn’t Go To The Doctor?

Personal Injury

Many people believe that after a car accident, slip and fall, or any personal injury, that if they were hurt they would feel it that day or almost immediately. That, unfortunately, is not the case with many injuries. Injuries such as broken bones and deep cuts are surely visible immediately and treated. Other types of injuries appear as bruises, pain, back pain, and swelling possibly hours, days, or even weeks later.

Perhaps, the victim of the injury may have even been checked out by EMT’s at the scene, and all seemed okay. Therefore, the victim does not go to their doctor, and days or weeks later back pain, neck pain, or other symptoms appear.

The good news is that there are still avenues open so that you can file a personal injury claim and get the compensation needed in order to pay medical bills and pay damages. It is harder to file a personal injury claim without medical treatment and bills to back up your claim, but with an experienced personal injury lawyer, not impossible at all.

For most personal injuries in Texas (depending on the details), the victim has from two to four years to file a claim against the at-fault parties. This is called the statute of limitations.

The victim may feel that they have no recourse, if they notice they have been injured days, or weeks after their injury, but that is simply not true. If you have a car accident, slip and fall at a business, or are injured in any way due to the negligence of others, you should be checked out by EMT’s at the time of the accident. Even if you feel alright days later, a trip to your doctor may uncover injuries that may manifest themselves at a much later date, and provide you with the evidence for damages that your personal injury attorney needs.

It’s been Weeks after My Injury, and I am Having Severe Pain in My Neck and Back. What Should I do?

Whether you were in a car accident or other type of accident, even if you got checked by EMT’s, they are not always as thorough doctors and can only check you for immediate, visible, and physiological damage. If symptoms begin to manifest themselves later on, the quicker you follow up with your personal doctor (or even emergency room), the better off legally you will be to file and win.

You need to get checked out very thoroughly by the doctor or hospital and get the appropriate tests done to validate the facts, treatment and possible cause of your injury. Providing your personal injury attorney with as much documentation you can, as soon as you can, is vital to your case.

There are exceptions to the rule regarding required treatment, and/or medical bills in order to file and succeed with your personal injury claim, and a personal injury attorney will know what exceptions exist and when they apply.

Two of the major exceptions are:

  • A wrongful death case – if the plaintiff was killed due to the defendant’s negligence, then the estate of the plaintiff can sue even if no medical bills were incurred.
  • If you had a more minor injury, and did not report it at the time – in this case you might have felt okay, had cuts or wounds but treated them yourself. No medical bills were incurred, but you still could file and receive a personal injury settlement.

These exceptions seem obvious, but a personal injury attorney will know what to do in order to file, and they will help you to get the compensation you deserve.

Sometimes in a personal injury case, especially if you feel the injuries are minor, you may ask, “can I represent myself in my personal injury case?” The short answer to this is “yes,” but it is probably not a wise decision. You still will have to deal with insurance companies, the defendant’s lawyer, etc. all on your own.

The law is complex, and there are many factors that go into determining when to settle a potential legal claim (and how to get a fair outcome). Furthermore, one of the many valuable services a lawyer provides is the ability to be objective. A lawyer can dispassionately look at the pros and cons of your case and tell you when to keep on pursuing it, when to settle it, or (much more rarely) when to dismiss the case altogether. An injured claimant is not generally able to look at their own cases with that kind of objectivity.

I Didn’t Go to the Doctor after my Injury, but Need to File a Claim. Will a Personal Injury Attorney Help Me to Get What I Deserve?

This is a common question, and in most all personal injury cases the answer is a resounding yes. Most situations, in which there is a serious injury or ones that seem minor, probably will require the specialized skills and knowledge of someone who knows the legal system.

Your insurance company, and the other party’s insurance company, will definitely have a team of lawyers working for them. It is not a fair game and they are not on your side. A local personal injury attorney will work hard to recover the compensation you deserve.

They will:

  • Likely have experience in your local area.
  • Strive to give a personal touch to each case.
  • Collect no fee, if there is no recovery.

At the time of your accident, it may not have seemed that you injured yourself severely or needed immediate help. Now pain and other symptoms are affecting your life. Get the experience and help from a personal injury lawyer who will provide the diligent representation you deserve.


By Chris Brasure

Brasure Law Firm, PLLC was founded by Chris Brasure in 2006. His legal accomplishments are diverse and numerous. He is a fellow with the Texas Bar Foundation, was a delegate in the American Bar Association House of Delegates and holds a BA in political science and speech communication from Baylor University. He then went on to obtain his law degree from Baylor University Law School. Chris believes that education is absolutely critical to one’s success, so his firm now offers The Brasure Law Firm Scholarship to give back to the community and to help students who are seeking to pursue a higher education.