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Despite the severity of the accident, many people claim to be injured following a collision. Logic would assume that the injured person would declare such injuries at the scene of the accident and immediately seek medical attention at a local hospital or urgent care clinic. The truth is that many people do not even realize they are injured when the accident occurs. That is not to say that there are not the broken bones, lacerations, or other severe injuries which warrant immediate medical care. But more than those obvious injuries, there are soft tissue damages which are not fully realized until a day or two or even three days after an accident happens. When an accident occurs, most people find themselves excited, traumatized, and in shock. Those feelings pump adrenaline through their bodies causing soft tissue injuries to be masked. These soft tissue damages, such as whiplash of the neck or lower back muscle sprain/strain, often take time to fully develop in and of themselves. So, the ability to realize you are really injured may not occur at the accident scene. Therefore, when asked at the scene by responding police or medical personnel, it is not uncommon for the injured person to state that he/she is not injured. Then, a day or two later they find themselves in a waiting room of a hospital because the pain has developed into an unbearable nuisance.
So, the issue becomes when should one state that they are injured. Unless readily obvious, the logical time would be when the pain begins to occur. However, we propose another approach. Because there is no way to know for sure at the scene of an accident if you are really injured, we suggest that if asked about injuries, you should state that you are not sure. You have just been in an accident and your body was jolted, twisted, and jarred in a way it was not designed to endure. You are pumped up with anxiety and adrenaline and in no position to give yourself a proper medical diagnosis. Therefore, you should not claim that you are alright at a time when you are not sure. It is best to state to the officer or medical personnel that you may be injured because of the accident and that you will take yourself to the hospital. Unless of course, you really do feel immediate pain and discomfort, in which case you should take yourself or by ambulance to the nearest medical facility for treatment.
While you do not have control over the responding officer’s report, you should make sure that he/she understands that you are not sure you are injured yet and will go later but you need to settle down from the accident before you can know for sure. Then, if you do seek medical attention, call the officer to let him/her know that you were injured and you went for medical help after the accident. That way, any subsequent police report can properly note that your were injured as a result of the accident.
We have seen on a numerous occasions where claims are denied or reduced because the claimant stated they were not injured at the scene of the accident. Those declaratory statements can hurt a claim and diminish chances for real resolution to a legitimate claim.
To discuss your claim and what we can do for you, contact our office as follows:
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1) By Phone – 214-321-4105
2) In Person – We are located at 8360 Lyndon B Johnson Freeway, #260 and are available Mon – Friday from 9:00 a.m. – 5:00 p.m.
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