Many times after a car or truck
wreck, a person is so grateful to walk away seeming unscathed that they brush
off offers of help from medical professionals on the scene and try to tuff it
out afterward.
However, many times serious
injuries do not show up immediately.
The symptoms arising from an
injury sustained in an accident do not necessarily present themselves
immediately following a wreck.
Medical research and clinical
experience have accumulated enough information to demonstrate that the delay of
an injury symptom is the norm.
Studies have established that the
delay of a symptom does not eliminate the possibility of severe injury. It’s
been proven that individuals can continue to be symptomatic for many months
after a motor vehicle accident. In addition, approximately 75% of accident
victims can remain symptomatic for a minimum of 6 months after the accident.
If you delay
getting treated it will hurt an injury case as the adjusters will always take
the position that: 1) it was not a serious injury or you would not have waited
to go to the doctor. 2) Something other than the accident caused the injury. 3)
You really were not hurt at all. Or 4) You are now getting treatment not
because you need it but only to “build your case.
It is shocking how skilled defense
attorneys can make a personal injury claimant look like they are faking or not
really hurt simply by taking advantage of a person trying to tough it out.
If you have any doubts about the
extent or nature of an injury go to the medical professional of your choosing
and get checked out. Follow the professionals advise.
And understand that being released
from the Emergency Room does NOT mean you are ok- the ER only deals with
emergency situations not ongoing diagnosis and treatment for some spinal cord
injuries, head injury or other serious conditions.
Also when involved in a truck
accident – do not make outright declarations such as ‘I’m alright’ because it
may put you in a position in which you cannot seek redress and compensation
further down the road – if indeed you demonstrate signs of a delayed injury”.
If you are in an accident, it
might be a good idea to undergo a complete physical examination and be mindful
of ailments not manifested at the time of the wreck.
Alternatively, every personal
injury attorney has seen situations where the victim of a car wreck tries to
blame every element they have thereafter on the crash. It is very easy to see
how this could happen, as through their eyes, they did not have the problem
before the wreck so the crash must have caused it. Many people actually hurt
their case by attempting to attribute to the crash things that doctors or
others feel are unrelated.
The most important thing for
personal injury claimant to understand is it is the medical professional’s
testimony that will be the most important regarding their medical condition.
The plaintiff or claimant has the burden of proof and must present evidence of
causation sufficient to convince a jury.
Also, in many cases the defense
hires their own doctor who is going to testify that the plaintiff is either
faking or was not hurt badly. The statement can be made simply because there
are “defense doctors” who always testify that the victim is faking or is not
hurt badly. As bad as that may seem, our system of justice allows it and it is
up to the jury to recognize that the doctor is simply a hired gun for the
insurance company and not an objective witness.
How you handle your medical
treatment can have a big impact on not only your medical progress but also the
outcome of your personal injury case.