Diagnosing Yourself After An Accident Is Not A Good Idea

There was a recent ad for heartburn that started off with, “You wouldn’t want your doctor doing your job, so why are you doing his?” The ad goes on to show a guy in a long white coat handling a jack hammer, clumsy and inept, of course. Then cuts to this big, burly construction worker at the over-the-counter isle in the local drugstore, looking confused, attempting to choose an antacid for his heartburn. Although heartburn is hardly as serious as possible injuries sustained in auto accidents, the message remains pertinent and clear: let the doctor do his job.

So, how does this tie into the typical personal injury case? Well, the last thing an accident victim should do is self diagnose. This can ultimately become a very bad decision because any injuries you may have sustained might not initially be obvious. The best approach is, rather, to always take the precaution of seeing your medical provider so that you can be properly evaluated. 

As reported by Steven Gursten of Michigan Auto Law on June 12th, 2012, there are lessons we can all learn when it comes to accidents and masked injuries. One recent example involved Commerce Secretary John Bryson and an auto accident he had Los Angeles.

As reported by The Detroit Free Press:

 

Commerce Secretary John Bryson is taking a medical leave of absence to undergo tests after suffering a seizure connected to two traffic accidents in the Los Angeles area over the weekend.
***
Authorities said Bryson was driving alone in a Lexus in San Gabriel, a community of about 40,000 northeast of Los Angeles, when he struck the rear of a vehicle that had stopped for a passing train, authorities said. He spoke briefly with the three occupants and then hit their car again as he departed, investigators said. They followed him while calling police.

Bryson was cited for felony hit-and-run, although he has not been charged. The secretary then struck a second car in the nearby city of Rosemead, where he was found unconscious in his car, authorities said. 


Commerce Secretary  Bryson sustained a traumatic brain injury in the car accident and didn’t even know it. He fled the scene, believing he was not injured and able to drive. He learned the hard way after hitting a second vehicle and being found unconscious.

Sometimes accident victims make the mistake of waiting too long for medical attention and realize their injuries later on. This can not only risk their well-being, but can also risk their chances of proving their damages and getting their medical bills properly paid for resulting in a headache on top of the one you already may have.

If you've been in an accident, don’t wait a couple of days or weeks for symptoms to develop before you see your doctor if you have any inkling that you have in fact been injured. You could be putting yourself, and your case, at risk.


 

Headaches After an Auto Accident Could Be More Serious Than You Think

According to the National Institute of Health (NIH), headaches after an auto accident could be a symptom of a much more serious problem than you think.

Many people suffer from headaches after they have been involved in an accident, even if they were wearing a seat belt. Some report them to their medical provider right away, and others allow them to go unreported and untreated all together. Post accident headaches could be a sign of serious underlying injuries, such as a concussion or serious head trauma.

A study from the Journal of the Canadian Chiropractic Association(J Can Chiropr Assoc. 2007 June; 51(2): 83–90) shows just how critical these symptoms could be. In one particular case which was part of the overall study, a woman who was involved in an auto accident went to see her chiropractor six days later. At that time, she was complaining of lower back pain, neck pain, and headaches. She had no loss of consciousness after the accident and didn’t experience any pain until days after.

She was diagnosed with post-motor vehicle accident strain/sprain to her neck and low back, with cervicogenic headache.

A month later, her symptoms worsened. She began to have numbness in her right arm as well as weakness in her right leg. She was having trouble with her balance, and at the request of her chiropractor, went directly to the emergency room.

After a CT scan, she was told she had a subdural hematoma, which is a head injury that causes a collection of blood to gather on the surface of the brain. She immediately underwent surgical decompression.

 


Subdural hematomas are dangerous, and can be life-threatening. Thinking that a headache after an accident is “no big deal” is the wrong idea.

If you are experiencing headaches after a trauma like an auto accident  (even if you don’t have any immediate symptoms), you should see your medical provider right away. Headache symptoms following a trauma could be a sign of something.

Don’t take that risk. A headache is serious business.

 

How Important Is It To Maintain Patience And Discipline In Your Personal Injury Case?

The ability to be patient is probably the single most important quality that a personal injury victim proceeding with a personal injury case can possess. That is, if you want to maximize your case. You have the right to maximize your case. If someone else, because of their negligence, has caused you injury, you have the right under the law to seek full compensation for your injuries.

But seeking full compensation requires time. Your doctors will want to treat your injuries with the best tools and services they have. Medical testing such as x rays and MRI's may be required. Surgery, physical therapy and other treatment may be necessary to assist in the healing process. Discipline in staying with your doctors' prescribed course of treatment will assist you medically and will also show that you were a compliant patient.

Whether your case is in the claim process or in suit, the evaluation of your claim both by your lawyer and by the opposing insurance company requires time. Obtaining all of your medical records also can be a very slow process. Certainly litigation of the personal injury case is not a quick process. The discovery process of the case, answering interrogatories and the taking of witness depositions, can be a drawn out process. And depending on the jurisdiction where your case is filed, the court docket may not necessarily allow for a rapid trial date. In other words, just because your case is in suit does not mean it is immediately going to trial.

Of course, it's easy to talk about the importance of patience and discipline. But for the personal injury victim whose life has been turned upside down, this is not always easy.

 

What is the Process of a Personal Injury Case?

 

What is the process of a personal injury case?

The process of a personal injury case is always the same, no matter what type of case it is (medical malpractice case, civil rights case, car accident case, fall down case).

Once you provide us information about what happened to you, what medical injuries you've sustained, and the sort of treatment you are receiving, we obtain all medical records and do our investigation. In a car accident case, for instance, we go to the scene of the accident, take photographs, speak to witnesses, and so on.

Once the investigation stage is done, we send all the itemization to the opposing insurance company, and the settlement negotiations are started. If the parties cannot reach a settlement, we file suit.

Once the lawsuit is filed, the court sets certain time tables, telling us by what date we must complete our discovery (depositions, interrogatories, and so on). After that, the court will set the trial date.

Before the trial date, the parties usually go through a pre-trial settlement conference. You may or may not be involved in the pre-trial settlement conference, but you will always be informed of what happens at the conference. If the parties cannot reach an agreement there, the trial date will be set and the parties will go to trial, at which point you will be fully engaged in the trial process.
 

Rosie Perez's Neck Injury On The Set Of "Law & Order: SVU"

Readers my be familiar with Rosie Perez from the movie "White Men Can't Jump." 

While shooting a recent TV drama, Perez was shaken vigorously by a co-star that occurred during a guest appearance on "Law & Order: SVU" last year.  At first she did not realize the full extent of her injury. She later had to have spinal fusion surgery as a result of the herniated disc injury she suffered on the set.

She has now instituted suit in New York against the producers of the show.

No one is immune from injury. We all know that intuitively. As teenagers, we all think we are immortal. As we become older and our joints start hurting we realize how prone we are to injury. Whether the setting is in the seat of a motor vehicle or on a movie set, the universal laws of physics impact our bodies whether we are prepared for it or not.

The type of injury that Rosie Perez sustained is fairly common, and we see herniated disc cases a lot in our personal injury practice. How she sustained the injury was unusual. But from a strictly legal point of view what strikes me as interesting is whether she will ever be able to be compensated for her injuries.  She may be prevented from proceeding with her personal injury case due to workers' compensation laws in New York where she was injured. Those laws are designed to pay an injured accident victim injured on the job by a co-employee medical bills and wage loss, but are not designed to compensate for personal injuries. If Ms. Perez was in fact injured by a coworker on the  set, her personal injury claim likely will not go forward.

 

What Does Wide Receiver Wes Welker's Rehab From Knee Surgery Have To Do With Physical Therapy After An Accident?

The healing process from an injury following an accident can sometimes be quite long, depending on the extent of the injury. But is there a typical period of time that an accident victim can expect to receive medical care?  

Well, according to Wes Welker, wide receiver for the New England Patriots, the period of time required to heal is substantially less than what your doctors might say. In January 2010 during a playoff game against the Houston Texans, he tore his left anterior cruciate ligament (ACL) and his left medial collateral ligament (MCL).  It would be a minimum of a year before he was healed. There was no chance of his playing the 2010-2011 season. Then he showed up for training camp a mere eight months post surgery.  Now he's back full tilt as a starter in September. As stated by Dan Wetzel of Yahoo Sports:

“Welker’s story as an undersized, unwanted everyman who became the most prolific pass-catcher in the NFL was already bordering on saccharine Disney sports-flick levels. Then came Sunday, [September 14, 2010] when he shaved a remarkable three-plus months off the predicted recovery time and returned to action 252 days after his massive injury. 

This is from Welker's press conference after the September 14, 2010 game:

Q: Did any of the Bengals say ‘welcome back' after they tackled you?

WW: No, there weren't any touchy feely moments like that or anything.

Q: Is this just another game for you or is this a highlight of the year you've had?

WW: I'd like to say that it was a highlight, but it was just another game, not going out there and preparing and thinking, ‘this is the big comeback' or whatever. For me, it was just getting out there playing, being out there with my teammates and trying to contribute to a win.

Q: What did you say to the doctors when they gave you the original timetable for return?

WW: It was kind of like, ‘well, let's wait and see where we're at when we get there.' So, I tried to put it in their heads early and from there, they were able to see me on the field and able to get out there and play.

Q: Did you ever feel like you could prove the doctors wrong?

WW: Yeah, kind of ... you know doctors, what do they know? So, I think when they saw my quad and how all the muscles were same size as the other side, they were a little bit shocked, but at the same time, very cautious.

Read more at the Patriots website:

Having had ACL reconstruction surgery myself,  I know that the recovery period is long. My orthopedic surgeon told me it would be at least eight months before I could resume sports activities. It took that long, and about a full year from the date of surgery until I was close to being fully confident with my knee when playing any kind of sport. 

Now, Wes Welker is a professional athlete who has all kinds of physical therapy available to him and can rehab on a daily basis. I dare say that rehab was the primary focus of his life, and he was being paid to do just that so he could get back on the field and compete for his team.

As much as I wanted to rehab daily, followed up with an ice bath for my knee,  I could only rehab three times per week, and then for only eight to ten weeks post surgery because that was all my health insurance carrier was willing to pay. I still had to litigate and try my clients' cases!  I remember hiring a sports rehab therapist and paying her privately after my health insurance approved rehab was completed. It was important for me to get back where I needed to be, as soon as I practically could, without re-injuring myself. 

What does Wes Welker’s approach and recovery say to accident victims in terms of maximizing  physical therapy? It means listen to your doctors, but don’t take their word as gospel. Individual patients can do much better in the recovery process than any particular doctor may be used to seeing. Hard work in PT is the key. Wes Welker is a highly positive individual. But it's clear that his mental attitude helped to shape his recovery and shortened his recovery period from major surgery.

 

 

7 Questions To Ask Your Personal Injury Lawyer


The following is a guest post from the Illinois personal injury lawyers of
  Dolan Law Offices:


Open the yellow pages, watch television, or even check your mailbox and you will see advertisements from various personal injury lawyers who promise to help you with your claim. When under lots of stress, it can really be tempting to immediately contact and hire one of these attorneys. However, before you do that, it is important to carefully consider the reason why you are contacting a lawyer and what you want to accomplish. Most of us are very careful when choosing which doctor we will entrust our physical wellbeing to. When looking for a lawyer to whom we could entrust our legal well-being, we should be just as careful.


In order to determine if a particular lawyer is right for you, request a free consultation with the attorney whom you are considering to hire and ask some, or all, of the following questions:


1. What is your experience in handling cases that are similar to mine?
2. Were you successful in those cases?
3. What is your policy about communicating with clients? How can I reach you? How long will it take you to respond to my questions? Will I be able to reach you directly or will I only have contact with your support staff?
4. How will you be paid? How are settlement and litigation costs handled?
5. Do you have past clients who can serve as references?
6. If a settlement is offered that you suggest I take and I don’t want to accept it, how will you handle that situation?
7. Have you ever been professionally disciplined or had your license to practice law ever been suspended?


While these questions will provide you with some useful information, the most important information that you will gain from an initial consultation is information about your potential lawyer’s personality. Do you feel comfortable with him? Does he listen to you? Does he respect your legal goals? If the answers to these questions are yes, and you received answers with which you are comfortable with to the questions described above, then you have found yourself a personal injury lawyer.


Dolan Law Offices represent victims of personal injuries throughout the state of Illinois and welcome new client meetings.

Finding The Right Personal Injury Lawyer

Do all lawyers that advertise that they handle personal injury cases actually do so?  The answer is no. So, as a consumer, what should you be looking for when you are  about to hire a personal injury lawyer. For instance, is it appropriate for you to ask a lawyer about his or her:

  • past settlements
  • past  verdicts
  • trial experience
  • appellate experience

Sure is. All lawyers who actually handle and try personal injury cases readily keep this information available. Most, including our firm, post some of this kind of information on their websites. Attorneys can verify their results without violating client confidentially.

If you've been involved in a serious personal injury case, you are more than likely going to need assistance and guidance from an experienced personal injury lawyer. If you've suffered  for instance, a serious neck or back injury, a disc herniation, head injury, or a broken bone you are undoubtedly going to have to deal with unpaid medical bills and wage loss.

Of course, all trial lawyers who actually try cases have lost cases. I certainly have not won all of  my cases. Nor has every case that I've taken to trial resulted in the jury agreeing with me and my client about the value of the case. (And because each case is different, past settlements or verdicts do not guarantee similar results in your case). The value of any particular personal injury case is determined by a slew of criteria, including:

  • seriousness of the injuries
  • permanency of the injuries
  • duration of disability
  • amount of unpaid medical bills
  • degree of fault of the parties
  • location were suit will be filed and where the case will be tried

An experienced personal injury and trial lawyer will take all of these considerations and others into account in determining both the reasonable value of your case and trial strategy.  This is the type of person that you need in your corner when combating the opposing insurance company.  Don't be shy about questioning your prospective lawyer before hiring him.