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More
than three million people are injured in auto, truck and motorcycle accidents
each year. The odds that you or a loved one will become a victim in an
automobile accident are very high. Injuries from auto accidents have become
so common that we all make light of the almost obligatory claim for damages
that is made after even seemingly minor accidents. But the truth is auto
accidents are a fact of modern life, and serious injuries can and do often
result for seemingly minor accidents. While improvements are made each
year in an automobile's ability to suffer an impact without sustaining
damages, the ability of the human body to sustain an impact has not changed.
Remain
calm and thoughtful. Ensure the police are called to the scene to make
a report. Take a few seconds to gather your thoughts when answering the
officers questions. Speak clearly when explaining what happened to the
investigating officer. Be sure to get the name address and phone numbers
of other drivers, occupants and any witnesses. And, don't be afraid or
embarrassed to tell the officer if you are suffering any pain, no matter
how minor you think your injury might be.
If you or
a loved one is injured you should immediately seek medical attention.
If you do not need an ambulance, then you should have someone take you
directly to a hospital. No matter how slight you think your injury is
you should have an examination by qualified healthcare personnel. Sometimes
serious injuries are not immediately visible and take time to manifest
themselves. In my experience doctors try to treat accident patients "conservatively,"
meaning they ensure there are no major traumatic injuries and then attempt
to treat the patient's symptoms with the least intrusive method. This
will usually involve pain medication and physical therapy. Unfortunately,
the patients actual physical problem may be masked or remain undiagnosed
until it is apparent the prescribed treatment is not having the desired
effect. And more extensive studies such as MRIs and nerve conduction studies
are done. In any event, you should speak honestly and frankly with your
doctor about all symptoms you are experiencing. And, after release from
the hospital, you should comply with all medical instructions and make
any follow-up visits or recommended appointments with any specialists.
It
doesn't matter what they say; the other driver's insurance adjuster is
not your friend. An insurance adjuster's job is to find ways to avoid
or minimize the amount of money an insurance company or its insured has
to pay when its insured hurts someone. You will always be at a disadvantage
in dealing with the adjuster yourself. They know the law and facts but
will construe things in their favor. They will try to settle. On the other
hand you will not know all the facts, will not know the law or fully understand
your rights. Nor will you immediately comprehend the extent and value
of your damages. The adjuster can easily take advantage of your lack of
knowledge, lack of time to deal with the matter and your natural tendency
to want to "put it behind" to persuade you to accept only a
nominal settlement amount.
Regardless
of what you read in the newspapers, big corporations and insurance companies
don't just roll over and pay a substantial claim for damages when they
have hurt someone. Before an adequate settlement can be obtained, they
usually must be confronted by a determined lawyer presenting a meritorious
claim, backed up by a thorough investigation establishing solid evidence
of fault on the defendant's part and documenting the client's substantial
damages.
"In
meritorious cases where a defendant refuses to settle, you should not
be ashamed or afraid to invoke the civil justice system. That is why its
exists. If it becomes necessary to prosecute your claim in court you can
be sure I will pursue your rights in an aggressive, competent and professional
manner."
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