How Soon Should I Seek Medical Treatment After An Auto Accident?
Typically, car wreck victims don’t begin to feel soreness and discomfort until several days after the initial collision. Unless the collision is a very severe collision where the client suffered a fracture or needed to go immediately into an operation, because of the nature of the injury sustained from the car wreck, that’s a different type of case.
However, a large percentage of people get into car wrecks and they’ll begin to feel really bad for almost a week after the accident. It’s very important that you realize that the injury may be something that doesn’t manifest immediately. We tell our clients in the abundance of caution to at least get a checkup if they are feeling any type of discomfort whatsoever just to make sure that it’s documented in case, for whatever reason, they need to follow up in the future because their symptoms begin to get worse.
Should Someone Ever Release their Medical Records to the Other Party’s Insurance?
The medical records are part of the client’s personal injury claim and for that matter, the medical records need to be released to the third party insurance carrier as well as their attorneys if the case goes to court. The medical records are part of our evidence to demonstrate what the injuries are. So yes, it is very common to provide medical records to the at-fault party’s carrier and attorney.
Anything Else with Regards to Damages that You Would like to Elaborate?
The economic damages that are covered by the vehicle insurance are minimal, they are only up to $10,000. Subsequent to that, they become now out-of-pocket damages that your client is going to be stuck with. So, those are definitely compensable and we always try in our firm to obtain all the monies from the insurance carrier at fault to include these damages as well as the pain and suffering damages when we present any car wreck case.
Is It Helpful to Keep a Journal or Log of Events Following An Auto-Accident?
We don’t really see any negative consequences as a result of keeping a journal or diary; however, as a practicality thing, it becomes very difficult for clients to keep a diary of that nature, so what we try and do is if the case merits it, we will do “A day in the life of” videos just depending on the severity of the damages. We will try and preserve video testimony as well as photographs of any type of procedure or any type of hospitalization.
We do try to ask our clients to take as many photos as possible, because the demonstrative evidence goes a lot longer than any reading journal in showing what someone has been through. If our clients have any type of medical procedures they are scheduled for, we try and have those procedures videotaped. If there is any recovery from that procedure, that would be substantial.
We try and have a day in the life of rehab also videotaped because from my experience, nearly all the clients I have represented have always gotten better physically and mentally over time. The further away you go from the accident, the better their overall health becomes. Their bodies have healed so it’s important to document the process of what it takes to get better so no one forgets. Everybody forgets, so it’s important to capsulize that in a video or a photograph as much as possible.
Photographs are the best form of evidence to demonstrate, especially if you have an accident where there was substantial property damage to the vehicles and you have fire rescue at the scene as well as police. Those are great pictures and they just show everyone who wasn’t there what happened that day, there is no better way to do that.
Does a Police Citation at the Scene of an Accident Spell Doom for your Auto-Accident Claim?
Citations have nothing to do with the accident in a civil case. People always assume that because they received a traffic citation at the scene of the accident that that somehow bars them from recovery or minimizes the recovery. That’s just not true.
In Florida, because the officer wasn’t an actual witness to the accident itself, the police report is not admissible because the officer is just getting versions of what happened from the people who were actually there. So, what you want to know is how the accident happened based on the facts of the accident and I really don’t give a whole lot of credence to a report except to obtain information of the other person that was in the accident – that’s about the only good thing the report is for.
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