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Real Questions From An Injured Client, Part 1 | Daytona Beach Accident Attorney

Real Questions From An Injured Client, Part 1

This is the first of an ongoing series of articles addressing actual questions from a client injured in a car accident. Hopefully, the client’s experience can help you:


“Although my Camry sustained $9,000 worth of damage, immediately following the impact I thought that I was totally unharmed. I was shaking violently, was confused and dazed but I felt no pain. No bodily harm could be observed. When paramedics arrived I refused attention and treatment, especially since the other driver was obviously seriously injured.”

Zimmet & Zimmet:

This is a very common situation. Accidents happen fast and often leave the people involved confused and dazed. The most important issue following a car accident is your health. All decisions made at the scene of the accident should place health as the highest priority before all else. If you are seriously injured, take the ambulance to the hospital. If you are conscious you may want to ask a family member or a friend to go to the scene of the accident to try and complete the investigation outlined below. The client who made the statement above was aware enough to do some investigation and make decisions.

It is important to understand the big picture in order to make timely and accurate decisions in this confused state. The various insurance companies involved have been through the steps following the accident time and time again. They know what to look for and how to document evidence in order to later prove two things: (1) That their insured was not the cause of the accident and (2) that you are not injured. If they are able to prove these two things or able to show that some of the accident was your fault or that you injuries are minor it benefits the insurance company’s bottom line. (We will focus on the second part in this article, discussion on what you should do to collect evidence will follow in later articles in this series.)

The client referenced in this article turned out to be seriously injured even though she did not realize it at the time. No one knows the nature or extent of their injuries at the time of the accident. A true understanding of injuries and whether or not they were caused by the accident cannot be accurately determined without medical treatment and testing. Refusing treatment at the scene of the accident makes it harder to later prove that the injuries were sustained in the crash. It is important to get a trained physicians diagnosis of what happened in the accident rather than relying on what is usually your less trained diagnostic skills.

Insurance company representatives rely on information collected in the police report to begin their investigation so be mindful of what you tell the investigating officer. If you tell them that you are not hurt because you felt no pain at the time and were confused the police officer will put that in his report and it will affect the insurance company’s valuation of your claim. Witnesses will also be interviewed so be mindful what you tell them, their statements could come back later to haunt you. Insurance companies will take photographs of the damage to the vehicles involved. They will use these photos to evaluate the amount of property damage they may be liable for and to later us to show that the impact was not serious enough to cause the injuries sustained in the accident. Take you own photos, don’t rely on anyone else to act in your best interest. If you have cuts, bruises or other physical displays of injury take a picture of that as well. Most cell phones have cameras, use them if you don’t know how to use them, learn.

Remember, everything you say, do or don’t do may be used against you.

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