The good news is that during 2017, the total number of reportable traffic accidents in Pennsylvania was the twelfth lowest number since 1950. However, for the 1,137 families who lost a loved one in a traffic accident or the 80,612 people who were injured in traffic accidents, the fact that our state did not have as many reportable accidents as other years is of very little comfort.
When you are injured in a traffic accident, your entire life can be turned upside down. Even a so-called “minor” car accident can result in serious injuries that may require surgery, physical therapy, and weeks of lost income. Even for the fortunate individuals who are not seriously injured during a car crash, they must go through the process of filing an insurance claim so they can afford to make repairs to their vehicle.
After many traffic accidents, the victims are transported to an emergency room for immediate medical care. Therefore, this question only arises when a victim refuses to be transported to the emergency room. While there is not a deadline for seeking medical treatment, your delay in seeking medical attention can have a negative impact on your ability to recover full compensation for your injuries. Furthermore, delaying medical attention can have negative consequences for your health.
Therefore, it is always best to see a doctor as soon as possible after being involved in any accident. If you have not seen a doctor, we urge you to be checked by a physician and contact our office for assistance with your injury claim.
But I Feel Fine!
In some cases, an accident victim will not realize he or she is injured because of the shock of the accident. Being in an accident can cause an immediate adrenaline or epinephrine rush that can mask some of the signs or symptoms of an injury. It is only hours or days later that the person begins to “feel” the full effect of his or her injuries.
Therefore, it is a natural response for the person to say he or she is “feeling fine” and does not need medical care after an accident. However, this simple statement can make it much more difficult, although not impossible, to recover full compensation for injuries.
For this reason, we strongly urge victims to avoid saying they are “fine” or they are “not injured” at an accident scene. If you do not believe you need emergency care, you should see your family doctor within a day or two at the most to be checked for injuries. Whiplash and other soft tissue injuries can be very serious even though you do not “feel” the symptoms immediately after the accident.
Filing an Accident Claim After a Delay in Medical Treatment
If you delayed medical treatment, you can still file an injury claim for your damages. As stated above, it may be more difficult to recover compensation because the insurance company may argue that your injuries were not sustained in the accident or you are not as injured as you claim because of your delay in seeking care. While it may be a difficult fight, we believe every victim has the right to recover full compensation for injuries sustained in an accident caused by a reckless or negligent driver.
When you are fighting a difficult claim, you want an experienced Erie accident attorney to assist you with the claim. An insurance adjuster does not represent you, and he will not explain your legal rights nor tell you if you are making a serious mistake. An attorney protects your best interest by investigating the cause of the accident, researching applicable law, and preparing a demand that is backed up by evidence and legal precedence.
Call an Erie Accident Attorney Now For a Free Appointment
If you were injured in a traffic accident, you deserve compensation for your injuries. The Travis Law Firm will fight for a fair and just settlement so you can continue to recover from the negative impact a reckless driver had on your life. Call our office at (800) 401-2066 to schedule a free legal consultation with one of our Erie accident attorneys.
If you are injured because of a traffic accident, dog bite, fall, defective product, medical malpractice, or other personal injury accident, Pennsylvania’s personal injury laws allow you to recover compensation from the party who caused your injury. However, you must prove that the person or party caused the injury to recover compensation for damages. Hiring an experienced Erie personal injury lawyer to conduct an investigation to identify the liable party and gather evidence to prove fault is crucial to recovering a fair and just amount for your injury claim.
Elements of Negligence
If you suffered an injury caused by another party’s negligence, you will need to prove the elements of negligence. You must have evidence to prove that:
- The party owed you a duty of care. For instance, a driver owes a duty of care to others to operate the vehicle safely and obey traffic laws. A property owner owes a duty of care to visitors to maintain the property to avoid injury. Doctors and medical providers owe a duty of care to their patients not to cause harm.
- There was a breach of the duty of care. A breach occurs when the party fails to act in a manner that is consistent with the way a reasonable person would act, such as a driver who drives the wrong way down the street or a property owner who fails to repair broken steps.
- The breach of duty caused your injury. There must be a causal relationship between the breach and your injury. For instance, you fell because the stairs were broken or the vehicle going the wrong way crashed into your vehicle.
- You suffered damages because of the breach of duty. Damages may include physical injuries, medical bills, lost wages, property damage, pain, and suffering.
Using Evidence to Prove Negligence and Liability
To recover compensation for a personal injury claim, you must have evidence to prove the elements of negligence and the extent of your damages. The evidence required may vary depending on the type of case and the factors in your case. Evidence in a personal injury case may include:
- Police or accident report
- Medical records
- Documentation of missed work and evidence of income
- Evidence from the accident scene such as damage to the vehicles, skid marks, traffic signs, traffic signals, etc. for a car accident and hazardous condition for a slip and fall accident
- Eyewitness statements
- Product, packaging, and instructions for a defective product claim
- Expert witness testimony such as physicians, economists, and accident reconstructionists
Our legal team works diligently to uncover evidence that maximizes the chance of recovering full compensation for all damages. We work closely with your physician to determine your prognosis to include future damages in a demand for settlement or lawsuit.
Contact Our Erie Personal Injury Lawyer for a Free Case Review
If you have been injured, you need to protect your legal rights. We have many years of experience representing accident victims and recovering fair compensation for personal injury claims. Contact The Travis Law Firm at (800) 401-2066 to request a free legal consultation with our Erie injury lawyer.
Brain injuries are common in motor vehicle accidents. When a pedestrian, bicyclists, or occupant of a vehicle is involved in a traffic crash, the impact of the collision can cause the head to collide with another object. Even if a person does not strike his or her head in the accident, the force of the collision can cause the brain to slam into the skull. According to the Mayo Clinic, a violent jolt to the body can also cause a brain injury.
Mild brain injuries typically heal with time and rest. However, severe or traumatic brain injuries (TBI) can have long-term symptoms that impact the person’s ability to work or enjoy life. For some individuals, a TBI may result in seizures, cognitive problems, sensory disorders, or infections. In some cases, accident victims may develop dementia or diseases years or decades after an injury. A recent study has linked TBI to dementia and other diseases.
If you are injured in a motor vehicle accident, slip and fall, or other personal injury accident, one of the first steps you should take is to see a doctor. Regardless of whether you believe you are seriously injured, it is in your best interest to be checked by a physician after an accident.
The symptoms of some accident injuries, such as traumatic brain injuries (TBI), whiplash, and back injuries, may not be noticeable for hours or days after an accident. However, early diagnosis and treatment of accident injuries can improve your chances of recovery and reduce the risk of complications. Therefore, seeking medical treatment after an accidental injury is a prudent step for your health and your accident claim.
For many families, summer is the time when everyone piles into the family car for a summer road trip. Before you leave home for your family vacation or a romantic weekend, it is important that you take time to ensure that your vehicle is ready for a road trip. Preparation and planning can prevent the headache of dealing with a roadside breakdown or worse yet a car crash.
Safety Tips for Summer Driving
- Check for Recalls
Before leaving home, check the NHTSA website for recalls. You do not want a recall to place your family in danger.
- Schedule Vehicle Maintenance
As part of the planning for your trip, you need to schedule a maintenance appointment for your vehicle. Tire rotations, tune-ups, checking fluids, battery checks, and other routine maintenance can help avoid roadside breakdowns and other problems. In addition, have your mechanic check crucial vehicle systems, including air condition, tires, cooling system, belts, hoses, wiper blades, and lights.
If you are injured in an accident, you may be entitled to recover compensation for your injuries if another party caused the injury. By law, when a person or party causes an injury because of negligence or a wrongful act, that party can be held liable for damages resulting from the injury. Examples of personal injury accidents that might give rise to an injury claim include:
Most people know that they need to call 911 after a car accident and that they need to see a doctor. However, there are some things that you may not know about a car accident that could seriously impact your ability to recover money for an accident claim.
The emotions after a car accident can range from shock and confusion to angry and frustrated. In those minutes after a car accident, you may feel overwhelmed and unsure what you need to do. Of course, the first step is to call 911 to report the crash and request emergency help.
However, it is important to try to regain your composure so that you can note certain facts that may be very important in the future. Fortunately, with the technology we have today, documenting a car accident today is much easier than it has ever been in the past.
A catastrophic injury claim falls under the personal injury laws in Pennsylvania. Even though a catastrophic injury claim falls under the same laws with other injury claims, an injury claim involving a catastrophic injury is different. The main difference is that the victim usually suffers permanently debilitating, life-altering injuries that require a lifetime of personal care and medical care.
For this reason, catastrophic injury claims typically are very high because of the financial costs involved over the course of a lifetime. In addition, these types of injuries tend to lower the victim’s quality of life.
Giving the substantial damages involved in a catastrophic injury claim, you would assume the laws would be slightly different for this type of claim. However, the elements involved in a catastrophic injury claim are not dissimilar from the elements in any other personal injury claim.