photodune-4385116-legal-gavel-on-a-law-book-xsThis section deals with the common whiplash type injury suffered in a rear end collision. If you or someone you know has a life altering serious head or spinal cord injury you should contact my office immediately for a free consultation before doing anything further 877.978.4878. Dealing with any type injury claim on your own is a very risky business that usually means trusting the OTHER SIDE to treat you fairly and best protect your interest when THEY owe you no contractual obligation to do so. Before taking one more step, I urge you to find out your legal rights NOW.

A rear end car accident is the most common vehicle accident. It involves being hit from behind at varying rates of speed and can result in traumatic injury usually to the neck, head and back. This type of injury can result from very low impacts at very low speeds and often does not manifest itself immediately. Rather, a victim of such an injury may not be aware that he or she is hurt at the scene of the accident. The pain and suffering can take time to set in and is often not apparent for several days later.

The injuries can range from as severe as a death to what has commonly been called a whiplash type injury. The whiplash injury usually comes about by the head and neck being suddenly and violently whipped as a result of your vehicle getting hit from behind. These kinds of injuries involve many legal issues and are usually vigorously contested by the OTHER SIDE’S insurance company or in the case the other party did not have insurance then by your own insurance company as an uninsured motorist claim.

There are several important things you need to know and do about this type of collision and injury. First, do not give a recorded statement or talk with the other party’s insurance company before consulting with an experienced personal injury lawyer and understanding the following:

  1. Low impact accidents are routinely challenged by the OTHER SIDE so do not be surprised if THEY engage in delay tactics and question the legitimacy of your claim. This is a fairly routine approach to see if the victim will simply go away without pursuing his or her rights. Talking to the insurance company directly without first learning your rights usually helps them and hurts you.
  2. If you have little or no visible damage to your vehicle and you or a passenger experience pain, then you have to be careful about how to prove up your claim. These cases can easily be complicated and undermined by not taking the necessary steps to best protect your rights as soon as possible. For example the victim is suffering considerable pain, but hopes that it will go away so delays getting medical treatment. Although the delay is innocent, this delay can be twisted by the OTHER SIDE to mean that the victim was not hurt, but is only trying to get money from THEM. Even though this is not true in your individual case, such a strategy by THEM will further delay resolution and cause the Victim to feel further victimized by the process.
  3. THEY want to get the victim’s recorded statement early perhaps even before the victim fully comprehends the nature and extent of his or her injuries. Perhaps before the victim realizes how significant or persistent the pain and discomfort will become he or she may state that it’s not serious or otherwise minimize the experience. Later that can and likely will be used against the victim if the injury develops into something more serious;
  4. Unfortunately, the victim may not have immediate access to health care, either because there is no health insurance coverage or the victim does not know that medical treatment can be arranged on a “lien” basis where the medical provider agrees to await payment from the party who caused the injury. So treatment which otherwise would have been obtained immediately is delayed until such an arrangement can be achieved.

These are only a few concerns that a victim encounters when injured in a motor vehicle collision. There are many other issues that explain why it is so important to consult legal counsel. Most victims of vehicle accidents do not know that they may have access to medical payment coverage under the auto policy of the care they were in or that their health insurance policy may contain a reimbursement provision that may require money going from a settlement back to their own health insurance company. These type of issues are precisely why its so vital to get representation.

At the Personal Injury Law Office of Michael Feldman, we have handled thousands of personal injury cases and work hard at protecting your best interest. We can arrange medical care on a lien basis and deal with the insurance company and while you concentrate on getting better. By simply picking up the phone and calling Toll free 877.978.4878 or by emailing or you can fill out the form below you will receive a FREE case evaluation.

Your questions, comments and suggestions are important to us. You may contact us 24 hours a day at our injury hotline.

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