Tag: Car Accident | O'Brien & Ford Buffalo Car Accident and Personal Injury Lawyers

How Can a Pre-Existing Injury Affect My Accident Claim?

car crash hit and run If you are injured in an accident, whether at work, on the highway, in a public place, or even on private property, it can sometimes be easy to determine your damages. If you broke your leg, suffered a concussion, or sustained cuts and/or bruises, for example, it is easy to evaluate the medical expenses, time lost from work, and the pain you experienced during your recovery. Not all victims, however, are in perfect health before an accident. You might still be recovering from a previous accident or injury. You might have a chronic condition that causes intermittent or constant pain. You may even have a condition that makes you more susceptible to certain injuries.

Eggshell Doctrine

It is well established in personal injury law that the prior condition cannot be used against an injured person, even if their condition makes them more susceptible to injury than the average person. For example, a person who has had prior back injuries, surgery, or other procedures may suffer aggravation from those injuries or sustain new injuries in a crash that may have caused little to no damage to someone who didn’t have a pre-existing condition. Nevertheless, the person responsible for an accident is responsible for all injuries in such a situation.

Proving Damages

To make a successful claim for damages when an injured person has pre-existing conditions, it will be necessary to determine with as much accuracy as possible the person’s condition both before and after the new injury. This will involve obtaining detailed medical records, the person’s work history, and in many cases, testimony from the injured person, their family members or caretakers, and medical professionals.

Proving out of pocket expenses, such as medical expenses and lost wages, may be fairly straightforward. If the person was seeing his doctor, chiropractor, or receiving other medical treatment once a month prior to the new injury and then more often after the new injury, the amount of increased medical expenses can be calculated with accuracy. If he was back at work following a job injury but had to miss work following the new accident, lost wages are easy to determine. Determining damages for pain and suffering is more difficult when an injured person has a prior injury or a pre-existing condition. It will be necessary to determine what the person’s level of activity and level of pain was both before and after the new accident or injury.

New York Accident Attorneys

Insurance companies are in business to make money, and that means limiting the amounts they pay out in claims. Insurance adjusters will try to use your pre-existing conditions against you. It is vital to call an experienced accident attorney as soon as possible so the evidence needed to establish the damages you incurred from the new accident or injury can be gathered and preserved. The accident experts at O’Brien & Ford are always available for free consultations. Visit our website at https://obrienfoldprd.wpenginepowered.com to learn more.

Victim of a Hit and Run? Five Steps to Take…

No one leaves the house planning on getting in a car accident. Even dealing with a minor car accident with minimal damage requires time and effort.

A hit and run accident, where the driver of one car leaves the scene without stopping, can feel even more overwhelming.

Whether you are in a car, on a bicycle, or a pedestrian, here are five steps to take if you are the victim of a hit and run.

Assess Yourself and Others for Injuries

Being hit by a car or truck can be alarming. With the extra adrenaline in your system, you may not immediately feel pain. This is not necessarily a true indication of whether or not you have been injured. Take a few moments to check for bleeding, bones at odd angles, strained muscles, and the like. Once you have assessed your own self for injuries, check on those around you who may also have been affected.

If you or someone else has sustained injuries, seek medical help immediately. The rest of this checklist, while important, is not nearly as important as your own health and safety.

Clear the Roadway

Once assured you do not need immediate medical attention, clear the roadway if you are able to do so. Pull over to the side of the road. Retrieve your bicycle from the intersection. Gather your things. Clearing the roadway helps reduce the potential for subsequent accidents caused by unsuspecting motorists.

Call the Police

Leaving the scene of an accident is a crime. If you are the victim of a hit and run, this should be reported to the police as soon as possible. Law enforcement will likely come to the scene to interview you and file a report. This may seem like a waste of time, particularly if you don’t think you sustained injuries. However, some injuries take longer than others to present themselves. Calling the police is an important step in documenting the accident took place.

Document the Scene

The police will likely document some of the accident scene, but this does not prevent you from taking a few pictures of your own. Consider taking both close ups and distance photos with your phone. Obviously, if there are any skid marks or other evidence of the crash, such as paint transferred to the guardrail, this should be documented. Photos documenting the intersection, the parked cars on the side of the street, and other information which informs a fact finder may prove helpful later on.

Contact an Attorney

At O’Brien & Ford, we offer free consultations in every case. You are never under any obligation. Whether or not you have a personal injury claim is based on a number of factors. There is no need to guess whether or not you may have a claim. Our attorneys are happy to speak with anyone after a hit and run accident about the facts of their case. Call us today at (716) 330-2901. We look forward to answering any questions you may have.

Common Mistakes People Make Following A Car Accident

A car accident is clearly a very stressful situation for anyone to go through. You will have many questions and worries going through your mind.

Before acting (or not acting), you should keep in mind the consequences of everything and be proactive. Here are some of the mistakes that many people make following a car accident.

Legal Representation

After you are involved in a car accident, you should contact a personal injury attorney right away. Insurance companies will try to contact you and receive a personal statement from you. This could be detrimental to your case because you could inadvertently waive your compensation. An attorney will read and analyze anything that an insurance company sends you and translate what it means. Furthermore, an attorney will be able to fight for you and make sure that you receive the monetary compensation that you deserve. Additionally, an attorney will be able to guide you through this process.

Posting On Social Media

Social media can often be used against you. Photos and statements can always be misconstrued and weaken your claim. While you should take photos and write everything down that you remember from the accident, you should refrain from posting anything on social media. Such photos can ruin your chances of a successful claim. Additionally, your friends and family can repost your photos and updates which could also be used against you.

Not Calling Authorities Or Exchanging Information

The first thing you should do following a wreck is to call the police. They can delegate what you need to do and report what happened. Furthermore, no matter what the situation is, you need the information of the person that you were involved in a car accident with. You never know what can happen in the future or if they will use facts against you. Make sure you know who the person is and how to reach them.

Not Seeking Medical Health

Medical care can be crucial to your claim. Showing that you have suffered injuries will prove that you need compensation. Most importantly, following the shock and stress of your car accident, you may not even realize that something is wrong. A professional doctor will be able to look at you and determine if you have been injured. You may need much more health care than you initially realized, and some injuries can be permanent. Many people want to just go home, but the smartest thing to do is going to the hospital.

Waiting Too Long

Each state has a statute of limitations to file a car accident claim. After that certain statutory time lapses, you will no longer have a case. Therefore, it is imperative to file within the time allotted so that you can be remedied. Otherwise, the court will bar your claim without even hearing your case. An attorney can inform you on the statute of limitations of your state and whether you still have time to sue, but it is always prudent to file a claim as soon as possible.

Contact Us

Do not wait to contact our experienced team of attorneys to represent you. Our attorneys at O’Brien and Ford are ready and capable to take on your case and make sure that you receive the compensation that you deserve. Please call us at (716) 330-2901 to receive a free consultation.