Because each auto accident situation is unique, there are many things to consider depending upon one’s specific injury situation. This article, however, is intended to shed some light upon some common considerations one has after a car accident.
This one sounds like a “no-brainer” but many individuals call me weeks -or even months!- after an accident and tell me that they have yet to see any kind of medical provider for their injuries. Generally such individuals tell me two things. First, they tell me that they thought their injuries would resolve on their own. Second, they tell me that they were concerned about getting stuck with a big bill.
It is always a good idea to at least get checked out by a medical professional such as:
without documentation of one’s injuries, one’s claim is significantly compromised.
While I completely understand the apprehension one may have about racking up medical bills, the alternative must also be considered: without documentation of one’s injuries, one’s claim is significantly compromised. This is particularly problematic where individuals suffer significant soft tissue injuries.
I have also seen people jeopardize their auto injury claim by refusing to follow their own doctor’s orders. If one’s doctor orders an:
This is because it sends a signal to the insurance companies that the claimant was not significantly injured enough to warrant such treatment. Always bear in mind that the value of one’s claim does not generally depend on what he or she subjectively experiences. Rather, it is based upon what he or she can objectively prove.
Following an accident, it is quite common to be unable to perform activities one used to perform without difficulty. Similarly, people often continue with their usual activities but must perform them with limitation and/or pain. Such preclusions and limitaitons have value in auto accident claims. It is a good idea to track these things in a journal or otherwise and, perhaps more imporatntly, make sure one reports such things to one’s doctor(s). Making sure that such things are noted in one’s medical record bolsters such claims. If they are not noted, it will generally be assumed that they did not exist.
Another excellent way to make sure one’s injuries are given fair and reasonable consideration is to document them via photographs and videos. (This is also true of accident scenes and car damage.) “Day in the life” videos, for example, can be particularly compelling. They allow claims representatives -and jurors- to better understand what it was like to deal with one’s injuries. A picture tells a thousand words, and a video tells ten thousand.
This one is, of course, more than a little self-serving. However, one must bear in mind that a good personal injury attorney can mean the difference between a reasonable monetary recovery and no recovery at all.
Consulting with an experienced personal injury lawyer immediately after an accident can ensure the accident is analyzed appropriately
Many individuals wait too long to hire a lawyer (generally after they get fed up with an insurance representative). This can have detrimental consequences to one’s claim because much can and should be done in the early stages following an accident. Consulting with an experienced personal injury lawyer immediately after an accident can ensure the accident is analyzed appropriately and the injury claim proceeds in a manner that will guarantee a reasonable resolution.
Written by Andrew Tobergte, personal injury attorney at McKenzie & Snyder LLP.
McKenzie & Snyder LLP represents BWC claimants and other injured individuals in all of Ohio including: Colerain, Mt Healthy, Cheviot, Reading, Western Hills, Westwood, Fairfield, Hamilton, Ross, Lebanon, Monroe, Dayton, Fairborn, Springboro, Amelia, Batavia, Loveland, Madeira, West Chester, Lindenwald, Forest Park, Avondale, Deer Park, Evendale, Goshen, Carthage, Silverton, Wyoming and more.
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