Car Accidents

Car Accidents


If you have been in a car or truck accident, you may recover money from one or more insurance companies. You must act quickly after an accident occurs because what you do can impact your potential damages. You must make sure that if you are experiencing pain you see a medical doctor, chiropractor, or other trained medical professionals immediately after the accident, and continue to seek consistent medical attention and treatment until medically released from care. Failure to do so will give the insurance carrier an argument that you were not injured since you did not seek medical care immediately and consistently after the accident. The single most important action you can take is to obtain an attorney. Here are some important factors to consider when you are in an accident:

INSURANCE CARRIERS LOW BALL PEOPLE WITHOUT AN ATTORNEY:  Insurance carriers have no reason to offer a reasonable settlement to an unrepresented person because you are not a threat, and do not know the value of your case. Quality trial attorneys have access to jury verdict searches that give them accurate information about how much your case is worth. People who represent themselves often find they are promised much at the initial opening of their cases and assume they do not need an attorney, only to find out when an offer is made that the adjuster is not even paying for their medical bills, and has strung them out during their critical treatment period when it would have been advantageous for them to retain experts and/or medical forensic treatment and diagnostics that would have proven their case.

 

ESTABLISHING FAULT IS OFTEN A SMALL PART OF THE CASE:  If the person who hit you admits fault at the scene, there is a common misconception that the case will be easy to resolve, perhaps on your own. Later, the insurance carrier may admit fault for purposes of settlement. However, this is a hazardous assumption for several reasons described below. 

 

RETRACTION OF ADMISSION OF FAULT/APPORTIONMENT OF FAULT IS COMMON:  Just because an insurance carrier or driver admits fault initially does not mean that the insurance carrier will not later retain an expert and apportion some or even 100% fault to you. This happens very frequently, especially if you refuse their lowball offer and are forced to file a lawsuit to get full value for your case, which happens with our clients much, if not most of the time. Drivers often admit fault at the accident scene and state there is no need for a police report, only to change their story later, no matter how obvious it is that they were at fault. At fault drivers often come up with innumerable arguments as to why they are not at fault. It is imperative to always have an officer come to the scene of an accident if you are feeling any pain, or even just feeling shaken up. If you have an attorney, all parties are much less likely to be able to retract or change their narratives as the attorney will secure the proper evidence to prove what really happened. Calling an attorney immediately after an accident will help you preserve evidence properly. The insurance carriers have teams of attorneys working on their side. You should retain an attorney too, or you will be at a strategic disadvantage.

 

ACCUSATIONS OF UNREASONABLE MEDICAL BILLS/CARE IS ALMOST ALWAYS RAISED BY INSURANCE CARRIERS - ESPECIALLY IN ADMITTED FAULT CASES:  The insurance carrier will almost always reduce your medical bills and state that they are "unreasonable" after the injured party submits their claim. Insurance carriers have medical experts, which they use to review the medical records and bills to state that the bill was excessive, and not reasonable. They then use that information to lowball you. This will happen, especially if you have no attorney. An attorney will help guide you to the right medical forensic experts, or have you use your health or government insurance to procure the best doctors that are willing to testify. Many doctors are very good treatment doctors, but never want to testify in court, and will cause problems unless you secure an attorney early to ensure that the medical bills and treatment are reasonable and necessary, and are supported by medical experts.

 

LACK OF CAUSATION IS ARGUED IN ALMOST EVERY CASE - EVEN WITH ADMITTED FAULT:  Even if the other driver admitted fault, causation is argued heavily in almost every auto accident case. This is the main focus of personal injury defense attorneys in most cases irrespective of who is at fault, or how obvious it is that the injury resulted from the auto accident. Insurance carriers and their attorneys retain experts to testify that the forces were insufficient to cause you injury, or that the forces were not of a nature that could have caused the injuries alleged. They know that most people do not have the knowledge or expertise to fight this and that many attorneys are also afraid to pay the expensive expert fees necessary to prevail against these arguments. Our law firm establishes causation by obtaining objective medical evidence/diagnostics and excellent experts, combined with decades of experience in cross-examining defense experts to expose their fallacious opinions.

SPINAL INJURIES ARE VERY COMMON IN AUTO ACCIDENTS - MOST PEOPLE AND MANY ATTORNEYS DO NOT KNOW EXACTLY WHY:  Spinal injuries are very common in personal injury cases, but few people know why. The reason, in summary, is that the average person's head weighs about the same as a bowling ball. When an auto collision occurs, the following forces are involved. 1. Cars are very heavy, with an average Sedan weighing around 3,000 pounds. 2. The head (10-12pds) if forced back and forth, and depending on the angle, may hit the side frame, seat rest, or steering wheel. 3. As the head is forced forward and back it creates extreme peak changes in velocity (Delta V). This is converted into peak forces (measured in G forces - 1G is the acceleration we feel due to the force of gravity). The forces involved in even the most minor accident can be 3.5-5.0Gs, where there is almost no damage to the vehicles. This can be manifested in the movement of the vertebrae as shearing forces [side to side/front to back motion], flexion-extension forces [forward and back/arching motion], torque [twisting motion], and/or a combination of the above. 4. Studies show that cervical disk injuries occur with as little as 3.5Gs under simulated whiplash conditions, which is a very small impact for an auto accident. 5. Disc bulging/protrusions are very common in auto accidents, and the incidence rate for symptomatic cervical (neck) pain is very high for people who have been in prior auto accidents when compared to the general population, even if they did not file a claim for injuries at the time and have no alternative gain (pending claims or lawsuits). 6. People who suffer cervical disk strains, even in light accidents, will have accelerated degeneration in the area, which greatly increases the odds of them having symptoms for the rest of their life. 7. The only real treatment aside from conservative care like chiropractic, or physical therapy, is injections, ablations, and surgery [excluding alternative medicine]. Each of these brings its own set of issues, problems, and extensive medical evidentiary considerations. To fully prosecute your case, you need an excellent and experienced trial attorney that is familiar with these issues and has litigated them in thousands of cases.

 

EXPERIENCED TRIAL ATTORNEYS WITH RESOURCES TO RETAIN THE BEST EXPERTS WILL GIVE YOU THE BEST CHANCE OF MAXIMIZING YOUR RECOVERY:  As you can see from the short and oversimplified issues raised above, the issues involving auto accident are very complex and require extensive knowledge and skill to navigate in court. Experts used to complete the above analysis can cost $50,000-$100,000 or more in some cases. The attorney must have experience in accident reconstruction and engineering, biomechanical expert experience, medical and forensic knowledge, medical billing knowledge, and be skilled in cross-examining defense experts. Thus, only a seasoned and experienced law firm has the experience, knowledge, experts, and resources to properly litigate your case. Child & Jackson has been litigating these cases for over 20 years. We have the expertise and resources necessary to litigate your case and win.

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