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Blog Written by Attorney William Wright:

I have a word of caution to everyone out there who has been in a motor vehicle accident or suffered some type of injury that was someone else’s fault.  If you have been injured, please do not delay seeking medical attention.  A delay in treatment is one of the most common (and oftentimes effective) defenses to legitimately injured clients getting the full compensation they deserve as a result of accident caused by another person.  If for nothing else than your own piece of mind, you should be seen by a doctor to make sure you are not seriously injured and in need of medical treatment.  When you see the physician please be as thorough as possible about your physical condition.  You should tell the doctor about: (1) your condition before the accident; (2) that you were in an accident; (3) the severity of that impact; and (4) how you are feeling as a result of that accident.

In your discussion with the doctor, please also include all of the aches and pains you are experiencing.  I have had clients who were afraid that the medical professional would treat them differently if the doctor and his staff knew the client was in an accident.  First, it is the doctor’s job to adequately treat you no matter how you were injured.  And second, that client’s failure to report the accident ultimately had an adverse effect on their case.

Similarly, I have had clients who were in pain in various parts of their body, but only reported the worst pains they were experiencing.  For example, following a traumatic accident your neck and back may hurt the worst, but your shoulder that is not hurting as bad may actually have the worst injury.  If you do not report that “minor” shoulder pain you are experiencing to your doctor, months later the insurance companies and their attorneys will try to point to another cause for the shoulder injury.  The “why didn’t you report the shoulder injury on the date of the accident or after you first doctor visit” is one of the leading tactics in the insurance defense play book.  The insurance companies use tactics like this to try and minimize your recovery and to save the insurance company money.

Deficiencies such as those discussed above can lead to doubt in jurors’ minds at trial or lead to smaller offers during settlement negotiations.  Our goal at Shipman & Wright is to maximize your recovery on your personal injury to ensure you are fully compensated for what an accident has caused you.  Your seeking medical attention and being thorough and honest with your doctor will help us to help you get compensated for your loss.

 

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