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Why Sometimes Knowing the Cause of the Car Accident Doesn't Affect Your Case
June 18, 2018
Many times when you are involved in an accident there is no doubt how the car accident happened. Many times in Miami, Pembroke Pines, Hialeah and Miami Springs you may be involved in a car accident that was head on, rear-ended, someone ran the stop sign, some one ran the red light, etc. However, many insurance companies now take on the stance "So What!" In fact, a trend we have seen in recent years from insurance companies is that they simply admit liability. They simply admit that they cause the accident.
Their new defense, - the defendant driver caused the accident, but that wasn't the reason for your injuries. They are arguing causation. If the insurance defense attorney admits liability facts about how the accident happened and facts about the defendant driver don't come into evidence. No one will know whether the defendant driver had been involved in multiple accidents before. No one will know if the Defendant driver did not have a valid license at the time of the incident. No one will know if the Defendant driver was under the influence, was texting and more. This is important because many ties when presenting a case to a jury, the jury has to make determination for themselves if they like Defendant or not. If you take away all the facts that make you not like your opposing party, it may make it more difficult to convince the jury to find you credible and believe your case. It kinds of takes out the excitingness out of your case. And really only leaves you with explaining your medicals to a jury.
That is why if you are hurt, go to your doctor. Don't stop treating simply because you have other obligations and work. You will ALWAYS have to prove your injuries. The only way to credibly prove your injuries is to have it documented by your treating physician. Many of us learn to cope with the pain, the inconvenience, the adaptations, and the inconveniences after an accident. It is crucial to keep a records of your medical treatment, how your life has changed, and how the limitations have changed your life. Remember in any car accident case, you have to prove a permanent injury. It simply isn't enough for jury to hear that you are permanently injured, it needs to be documents by a medical doctor.
Waiting to long to get medical treatment.
If you are involved in a motor vehicle accident in the State of Florida, and have PIP insurance, you have 14 days to seek treatment to be covered by PIP. That means that you waive $10,000 in insurance benefits to treat your injuries you sustained as a result of the car accident, if you do not seek treatment within 14 days of the accident. Not to mention that it look really bad to an insurance adjuster. Their though is, if you waited so long to get treatment, then you weren't really in pain. The best situation is that Fire rescue/Paramedics is called out to the scene, you go to Urgent Care the Day of the Accident, or head over to Emergency. I know that it may feel like you can "walk it off" or it will go away. The problem is that once you figure out that it is not going away, it may be too late.
If you are injured in such a car accident, you may be entitled to compensations for your injuries, medical charges, lost wages, pain and suffering, etc. You need a car accident lawyer like Olga Porven who is ready to take on a case in Pembroke Pines, Miramar, Hialeah, Davie, Fort Lauderdale, Miami Lakes, Cooper City, Hollywood and Miami Gardens. Olga Porven, Esq., an attorney with Olga Porven, P.A., is a former insurance defense attorney. She is well aware of what the insurance companies are capable of and has the experience in dealing with insurance companies to help you obtain potential compensation in your case. Contact, Olga Porven, P.A. for a free consultation. We will gladly speak to you regarding your personal injury matter.