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Your Online Guide » Traffic Violations » Car Accident Reports

[M716]Motorcycle And Car Accident
by Rex Bush, Rex

Shoulder injuries in a car accident are common. They are caused mostly by the jerking movements that occur in an accident and may be further aggravated by seat belt shoulder straps. Shoulder injuries may also be related to neck injuries. Understanding more about shoulder injuries will allow you to recognize them quickly and seek treatment to prevent further discomfort and problems.

Causes of Shoulder Injuries

In a car accident shoulder injuries can be caused in three main ways. The first is as a result of a neck injury. A neck injury can radiate pain down the arm due to nerves being injured. The injury to the neck will then cause problems in the shoulder.

The next cause is direct damage to the shoulder from impact during the crash. This causes immediate pain and is easily recognized.

The last cause is from whiplash. Whiplash is usually associated with the neck, but it can cause pain in the shoulders as well. It may not cause pain right away after the crash, but may develop over time.

Treatment

Shoulder injuries are usually found through an x-ray or and MRI. Most shoulder injuries are not severe and merely require rest and pain medication for proper healing. If the injuries are more severe then surgery or extensive therapy may be needed.

The earlier treatment is sought for a shoulder injury, the better. Early recognition of a shoulder injury and early treatment help to insure the problem is cared for correctly and prevents further damage from occurring. You should always make sure that any medical care you receive is documented and that you keep a copy for your records.

What to do After an Accident

Since some shoulder injuries may not develop symptoms right away it is always smart to have a complete medical check following the accident. If you fail to get checked out and have your medical attention documented then you may not be able to recover damages later on if symptoms do appear.

When you are in an accident it is smart to exchange information with the other driver. You should get their name, address, telephone, number, insurance information and license information. Make sure that you do not speak with them about the actual accident. You should only speak with the police to give your statement. You may also wish to gather information from witnesses.

You want to document everything about the accident so that any shoulder injury found in the future that can be linked to the accident can be claimed. If you are careful in how you handle an accident you should be able to make a claim against the other person for your shoulder injury.

Shoulder injuries from a car accident are usually not too severe, but they are severe enough to make you lose time at work and to rack up medical bills that can be costly. It is important that if you suffer from a shoulder injury resulting from a car accident that you report it to the insurance and make a claim so you can recover your costs.


TIP #1: Seek medical treatment promptly. If you do not go to the hospital immediately after the accident, go to your family physician as soon as possible. Tell your doctor about all of your medical problems. If your symptoms persist after the initial visit, return to your doctor and request referrals to specialists who can help you.

TIP #2: Contact your insurance company and tell them that you had an accident. Request accident benefit forms. Don't miss the deadline to submit the paperwork. (You should consider meeting with a lawyer before giving a sworn statement to any insurance company or adjuster.)

TIP #3: Take inventory of personal property lost due to the accident. Broken glasses and watches or cut away shoes may be replaceable through your accident benefits.

TIP #4: Keep all medical appointments... and always tell your doctors about all of your areas of pain. You should never exaggerate your symptoms, but you should also not minimize your ailments when talking with your doctors. This is not a time to be stoic. Make sure you tell your doctor about each and every symptom, including emotional concerns, fears and anxieties. If you see any other doctors or therapists, make sure that you tell both your current doctor and your lawyer immediately.

TIP #5: Do not talk to anyone about the accident... except your doctor or lawyer. An accident victim in Ontario will face two or more insurers: yours and the other driver's. If there are more drivers, there will be more insurers.... Be careful about speaking with the insurers and their adjusters or lawyers without notifying your lawyer so that he/she may be present if necessary.

TIP #6: Keep any legal advice you receive to yourself. If you are considering filing a lawsuit as a result of the accident, your doctor's records will likely become part of the record on the lawsuit. While your lawyer and doctor are on the same team (YOURS!), you should generally not repeat to your doctor what your lawyer tells you about the law suit in case it is recorded in the doctor's notes and is then disclosed to the insurance company's lawyer.

TIP #7: Conduct a complete investigation. It is extremely important that you or your lawyer collect all witness statements, police reports, medical reports and anything else related to your accident. To properly investigate, specialized engineers or detectives may need to be hired. The other party's insurance company will collect all sorts of information that may be used against you. You could be at a serious disadvantage if you do not conduct a thorough investigation.

TIP #8: Get photographs of all important elements in your case as soon as possible -- and record the date the photos were taken. After a car wreck, take pictures of your vehicle, the vehicle that struck you, the location of the incident and any marks on your body. If you are bruised, make sure the lighting is adequate and that the bruising is apparent in the pictures. Pictures are clear proof of what happened to you. Photos of injuries are convincing evidence for juries. If you have taken pictures, tell your lawyer and provide him with the photographs or negatives.

TIP #9: Don't have your car repaired until you have taken photos of your vehicle's damage. You don't want to rely on photographs taken by the other party's investigator. These photographers are trying to lessen the look of the damage in the pictures.

TIP #10: Don't sign a release for your medical records to any insurance company. A common error is to sign a release or waiver for an insurance company before consulting with a lawyer. This may give the insurance companies uncontrolled access to your medical records. A lawyer can help you respond to requests for this sensitive information in a way that meets your legal obligations, without hurting your case.

TIP #11: Never plead guilty to any traffic offence before you consult with your lawyer. If you are charged as a result of the accident, even if it is only a Highway Traffic Act ticket, ask your lawyer to evaluate your ticket or charge before the time and date set for the hearing. Pleading guilty to a traffic ticket after an accident is a bigger deal than a few demerit points or a fine.

TIP #12: Don't let the insurance adjusters pressure you into settling your case. Insurance company adjusters are trained to gather information that may be damaging to your case, and to settle cases for the lowest amount possible.

TIP #13: Know all your damages. In Ontario, some of your damages will normally be paid by your own insurance company. They include: (1) the cost of medical treat¬ment that is not covered by OHIP; (2) an income replacement if you cannot work due to your injuries; (3) the expense of having a caregiver for you; (4) the cost to have someone perform housekeeping tasks you can't do while you are injured; (5)the cost for psychological counseling caused by stress or some other aspect of the accident -- and possibly other money you paid out or lost as a result of your injury.

Extra damages may be payable by the other party's insurance company. Most importantly, if you have a "serious" and "permanent" injury, you may qualify for damages for your pain and suffering. In some of these cases, your immediate family members may have claims too.

Don't try to guess whether you meet the serious and permanent test. That is a legal question and the answer would surprise you in many instances. If you have doubts about whether you have a claim for damages after an accident, get the advice of a personal injury lawyer.
Article Source : Where Do Most Car Accidents Occur

About Author
Both Rex Bush & Brenda Hollingsworth And Richard Auger are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Rex Bush has sinced written about articles on various topics from Legal Matters, Travel and Leisure and self improvement and motivation. Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States and Canada. For more information on personal injury issues visit his website:. Rex Bush's top article generates over 33100 views. to your Favourites.

Brenda Hollingsworth And Richard Auger has sinced written about articles on various topics from Legal Matters, Drunk Driving and Lawsuit Financing. Richard Auger and Brenda Hollingsworth are trial lawyers who represent injured people in Ontario, Canada. They are the co-authors of "An Injured Victim's Guide to Fair Compensation" which they offer free of charge. Contact them at. Brenda Hollingsworth And Richard Auger's top article generates over 14800 views. to your Favourites.
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