Certified Civil Trial Attorney


What do I do if I am injured in a motor vehicle collision?


One of the biggest mistakes an accident victim makes af- ter an accident is the pain will eventually pass and they try to “tough it out” without seeking professional help.


The first thing that should be done when one is injured in a motor vehicle accident, if not serious enough to be taken by ambulance to the hospital, is to seek medical attention im- mediately. Go to the emergency room, a walk in clinic, a physi- cian, or a chiropractor and get evaluated immediately. Many times in my practice I see indi- viduals who have waited months if not a year or more before seeking medical attention and relate their injuries to a motor vehicle accident.


The problem with this ap-


proach is that the farther away from the accident the medical treatment is, the more difficult it is to prove that the injuries are causally related to that particu- lar accident. Frequently we have to reject cases when individuals have waited far too long to seek medical treatment.


Once medical treatment is sought it is essential that you give your complete medical history to your physician. More


often than not people have pre- existing injuries or conditions, sometimes to the same area of the body, which are aggravated by a motor vehicle accident. If one is not truthful with his medi- cal provider regarding pre-exist- ing conditions it is impossible for the physician to properly diag- nose the relationship between the injury and the accident and write an accurate medical report regarding the condition.


Often we see clients who


have failed to divulge to a phy- sician pre-existing conditions, either deliberately or forgetfully, and their case becomes ad- versely effected by this omis- sion. If a physician testifying on behalf of an accident victim is informed for the first time upon testifying about a pre-existing condition to the same area of the body it may invalidate his entire original opinion regarding the casual relationship between the injury and the accident. You don’t want your physician to tes- tify, when cross examined about a pre-existing condition, that he or she never knew about that condition and therefore his or her opinion will have to change as a result of the new informa- tion.


The law provides compensa-


tion for an aggravation of a pre- existing condition and one need not be afraid to inform his or her


physician of the condition that was made worse by the motor vehicle accident.


Once a claim is made to an


insurance company the insur- ance company will request all prior medical records pertinent to your injury. The insurance company or defense will eventu- ally know everything about your medical history whether you tell them or not. If you are deliber- ately untruthful about your prior medical history and it is proven in court your case can be dis- missed for fraud.


Once under the care of a


physician or chiropractor you should follow their instructions and keep your appointments. The value of your case will go down substantially if your not complying with medical recom- mendations and advice. If an appointment is missed without notice to the physician the phy- sician can become your worst enemy in court. As long as you are honest and truthful you will be unimpeachable enhancing the value of your case.


In conclusion, seek medical


treatment immediately after an accident, be completely honest with your physician and follow your physician’s instructions while keeping your appointments.


Visit Us Online at www .Fl HRH.COM I FLORIDA HOT RODS & HOGS I aPRil 2012 33


By Allan M. Parvey


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