By David Peel
After decades focusing on injury law, I am blessed to get all kinds of calls and emails from victims. Unlike many, I personally meet one on one with injured victims of crashes and other accidents.
However, I know I must decline these types of potential injury cases:
1. “I’m fine.” Victim is hurting, but will never actually go to a doctor. It is an injury case, and we must have a doctor’s record of the injuries and treatment. This victim may be very worried about his truck but not himself.
2. “Nobody has insurance.” It’s fine if the negligent driver is uninsured— happens every day in this area. But as long as there is uninsured motorists coverage somewhere, that is fine. It is so sad when a passenger is badly hurt, and the negligent driver that caused it has no insurance, and the owner nor driver of the car she’s in has no insurance and she is personally uninsured. There’s just no recovery there.
3. “Almost!” This victim was actually not injured at all, but really could have been. They swerved or braked and narrowing avoided being killed. While frightening, unless a verifiable PTSD diagnosis with treatment is established, they just (thankfully) weren’t injured. They “almost” had a significant injury case.
4. “Since the crash.” It requires medical evidence and often testimony to sort out what conditions were either caused by (broken arm) or exacerbated by (arthritis in neck) the crash. These are causally-related and can be part of the recovery. But some medical problems are just too remote in time or cause to be provably related. Sometimes, the only serious condition found and treated after the crash can’t be medically related to the impact at all, and is not part of a case.
Assessing an individual’s injury matter can be complex. What you tell your doctor really matters. If you say you’re 100% when you are not, it causes problems.
As in everything, the truth, the whole truth and nothing but the truth, is the standard.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
