Personal injury law/case

johnny1970

What way is it looked at in a personal injury law if a person is in a car accident and suffers a mild brain injury along with back pain.the doctor gives them medication for the pain and headaches,but then after 2/3 years of taking this medication,the doctor says it might be the medication that is prolonging the headaches now,because them headaches "normally" last 12 months.
Do the insurance company say its your own fault for taking the medication?
thanks for any information.

FutureGirl

In this instance you'd usually be re-examined by a medical expert who will make comments and give their professional opinion. The insurers will then take that information on board.

If the medical expert said, as you've put, the headaches would only have lasted for 12 months but were prolonged by medication, then the insurers would likely view it as a 12 month headache.

It would also depend how your solicitor views that information as well.

johnny1970

but if the headaches continue long after the medication was stopped(8 + months),can they really blame the medication and not it down to been part of the mild brain injury?

FutureGirl

It would depend what the medical expert days in their report. Insurers are not medically trained, so they rely on the reports from the medical experts.

If you were on the tablets for 3 years, and then you've been off them for 8 months, unless your solicitor has received a judgment ordering a stay, then surely it's too late to put in a claim now anyway?

johnny1970

I contacted a solicitor before the 3 years were up and she got the ball rolling.i seen a neurologist and he said the headaches were caused by the mild brain injury from the accident and "maybe " the headaches were prolonged by certain medication I was put on for the headached/pain.so I quit the medication hoping that would help,but still as bad as ever.
some people with a mild brain injury recover after weeks/ months,others like myself can have problems years later.

Quentin

Sometimes you get cases of compensation neurosis (where you unconsciously retain physical symptoms of illness when some advantage may be obtained) do you have a psychiatrist to talk to about this?

johnny1970

the headaches are real and have been from day one.i was hoping the neurologist was right about the medication might of prolonged the problem,so I quit them 8 months ago.so he can,t really say that now.