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Yes, as long as your injuries were proximately caused by the accident. The fact that you did not actually go to the emergency room does not control the issue, although the defendant will use that fact to try to show you were not really hurt. Many people do not go to ERs for various reasons. Sometimes the injury has not manifested itself yet. Sometimes people think the unjury is minor but then later it gets worse. Some people don't go just because they don't want to go there. So, failure to go to the ER does not prevent you from suing; but you will have to have some reasonable explanation for not going.

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Q: I had a car accident three months ago and did not go the emergency room. Last night my back went out. Can I sue for injuries now?
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