Why a Personal Injury Lawyer?
A major concern people have when they are in an accident is whether or not they need an attorney. Of course, not all cases do. Some accidents are minor, and obtaining compensation is straightforward. The problem is it may look simple but really isn’t. Let’s take a look at why a personal injury lawyer is needed and what they will do for you.
Not Necessarily a Minor Incident
One of the hardest things that an injured person deals with is classifying their accident. That’s because appearances are often deceiving. Let’s say someone bumped into the rear of your vehicle when you were waiting at a light. At the time, you may remember that it felt like you were in a bumper car at an amusement park. The whip-like movement of your spine and associated soft tissue structures when being hit in the rear can lead to cervical (neck) pain that might be unrelenting. It is called a cervical strain. Initially, you might not feel any pain at all. However, within 24 to 72 hours, the pain may interfere with the performance of your daily activities for as long as three months to one year in some cases.
Complicating Issues
Looking at the same scenario, imagine that the person who was rear-ended had a history of cervical osteoarthritis in the past. People who have this type of arthritis experience pain and thinning of bony structures including the vertebrae, the small bones that enclose the spinal cord. However, most people with this condition can control it with analgesics. However, if the vertebrae are already weakened by osteoarthritis, the rapid back and forth movement of the neck in a rear-end crash can cause the vertebrae to impinge on the spinal cord, resulting in neurological problems. This complication means the effects of the accident are more severe.
Watch YouTube – Sacramento Personal Injury Attorney – by Edward Smith ~ Our video describes in detail how we help an injured client. It will also explain how to go about selecting the right personal injury attorney. It includes a reminder about the importance of having adequate car insurance coverage in case you are hit by a driver without insurance.
How This Affects Your Case
After seeing your medical records, the insurance company or the defendant’s (the person who hit you) lawyer may argue that you were not injured in the accident since the neck pain is from a pre-existing condition. While it is true that the extent of your pain may be complicated by osteoarthritis, it was the accident that caused your condition to be exacerbated. You may argue that you were able to live a full life before the accident and even participate in sporting activities, but after, you were unable to do so.
Providing Proof
At this juncture both you and your insurer or the defendant, if the case is part of a personal injury lawsuit, are at odds. An attorney would be able to help by reviewing your medical records for proof that your condition before the accident was controlled. The attorney could also obtain formal statements from your physician supporting this. If necessary, other medical experts can be brought in to testify, or provide a deposition saying how the accident made your previous state worse and what your future situation might be. This is called proving causation.
Talk About Damages
Now that your attorney has established causation, the next step is to deal with the damages the accident caused. For instance, medical experts and a life care planning expert might be called upon to testify as to what is needed to pay current medical expenses as well as those in the future. Others will testify as to the impact the accident had on the injured person’s income and the way the serious injuries might make it impossible to continue in their current line of work. Finally, an attorney can address the way in which damages for pain and suffering might compensate for the trauma, both physical and emotional, the person experienced.
Lincoln, CA, Personal Injury Lawyer
I’m Ed Smith, a Lincoln, CA, personal injury lawyer. While each case is different, the basic reasons an injured person needs the insight of an experienced attorney can provide remains the same. If you’ve been in an accident of any kind, call me in Lincoln at (916) 921-6400 or if you are out of the area call (800) 404-5400. I can be reached online too by filling out my contact us form. I’ll provide friendly advice that is free of charge.
In the 35 years I’ve been practicing law, I have assisted many Northern Californians with bicycle and truck accidents as well as traumatic brain injuries and wrongful deaths.
When choosing an attorney to represent you, it is important to learn about their practice and how former clients and their peers rated them. Go to my Google, Yelp and Avvo, the legal information site, to learn more about me.
I am a California member of the Million Dollar Advocates.
AutoAccident.com is the name of the website I established and own. It is here for clients to learn more about personal injury law.
If you are curious about cases I resolved in the past, go to my Settlements and Verdicts page.
Photo Attribution: Pixabay
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