Seek Immediate Medical Attention
When people are hurt they go to the doctor.
In the "smell test" of personal injury litigation, if a person
is hurt he gets medical treatment. If he is not hurt, he
doesn't. Insurance companies and juries look skeptically
at people who claim injuries but who don't do anything
about them. Indeed both "smell" a logical reason why
your claim is not worth much. In the case of insurance
companies, they set your claim's mandatory reserve
requirements, or expected financial outlay, based upon
the "smell test." Once set, it is tough to get them to
change it. In the case of juries, they arrive at their
verdict, or financial decision, based upon the "smell
Sometimes, the reason people don't go to the doctor
right after the accident is logical and objectively
reasonable, "I thought the pain would go away in a
couple of days." Then it doesn't. Then the insurance
company, using it's "smell test" says, "you couldn't have
been hurt all that badly or you would have gone to the
doctor right after the accident." Or, "How do we know
what caused your injuries?" "So much time has
passed before you sought treatment." "You may have
received these injuries from some other activity or
Other times, people say they don't go to the doctor
right away because "I don't have any transportation,"
or "I don't have the money." While these are logical
excuses, and truthful, the insurance company and
juries "smell" a case with "no injuries" or only
"minimal injuries" for which they must compensate
you. Don't let this happen!
Your personal injury attorney can help you avoid the
negative results of the "smell test" by assisting you in
your search for medical treatment on credit, with
obtaining a rental car and with getting your car
The moral of this story is that if you are hurt or think
you may be hurt, go and get checked out by a doctor,
and let your attorney help you as needed. This
documents the fact that the accident caused your
injury or complaint and preserves your claim during
your convalescence. If the pain goes away in a couple
of days, great-- but you're protected if it doesn't.
Copyright 2011, Noble & Quinn, Attorneys at Law, P.C.
Attorneys at Law, PC
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