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Chicago Personal Injury Lawyer | Panio Law Offices

Delayed Pain and Personal Injury

Personal-Injury-and-Delayed-Pain

A car accident can be an incredibly distressing and upsetting event, not just mentally or emotionally but also physically. The body takes quite a beating in some collisions and the damage done isn’t often most readily seen.

In fact, quite frequently, people involved in an accident don’t immediately notice resulting physical trauma at all. Many notice very few (if any) symptoms and often choose not to see a physician after the accident. It’s extremely important, whether or not one is immediately aware of physical pain or trauma after a car accident, that you take certain precautionary measures to protect yourself from damaging outcomes that often result in these cases.

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Why You Should Take Notes During an Accident

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Personal injury claims are not always just about medical expenses. A myriad of damages are typically on the table when someone successfully fights for damages in a personal injury case. That is why it is very important to document everything you can about the circumstances surrounding your accident, the impact on your life and employment and, yes, your injuries and medical expenses.

One of the best ways to do this is to take notes from the very outset of the accident. Notes will help to remind you of all of the important details of your case months down the line when you and your attorney set out to calculate desired damages in your case. Memory alone is a poor reference for the time, pain and loss you endured as a result of the accident.

Facts matter in an injury case and notes that document all of the details of your accident will help bolster the facts of your case and the damages you are demanding. (Read our Personal Injury F.A.Q. for key points regarding accident claims)

Circumstances of Your Accident

From the very outset, it is very important to document the circumstances of your accident. Everything from the time of day to the number of witnesses to the positioning of traffic signs can be an important factor in determining fault in your case. Details help to set a context and with the absence of a clear causal agent, context may be the best way to help determine fault and liability. As soon as you are clear-headed enough, document the circumstances surrounding your accident to support your case.

Your Injuries

As with the circumstances of your accident, you want to document your injuries from the very first opportunity you have. If you suffer pain or discomfort, you want to document it. Of course, you want to keep all medical records to document doctors’ diagnoses, and treatment you receive. But keep a daily journal to note the level of pain, anxiety, loss of sleep and any other injuries you notice from day to day. This will be helpful in identifying less quantifiable losses in your case.

Loss of Income or Other Losses

Your accident may impact your ability to earn a living. If that happens, you want to document those losses from the start. Take notes immediately after the accident when you suffer a loss of any element of your lifestyle prior to your injuries. Whether they are educational opportunities, social opportunities, marital harmony or other losses, these are important to note from the very start in order to get a real sense of the accident’s impact on your life.

Conversations

Take notes on all of the discussions you have with people involved with the accident. Documenting in-person or telephone conversations (and preserving any email or text communications) is important because it helps to note details as seen by those involved (including witnesses, claims adjusters, medical personnel and insurance representatives).

The Scene

It is also important to document the scene of the accident. If you can have photos taken at the time of the accident, remember to do so. That can help set conclusive evidence in your case. It may also be helpful to return to the scene of the accident to get photos and locate and talk with witnesses who might be able to support your case.

It is also important to consult with an experienced personal injury attorney like the skilled injury lawyers of Panio Law Offices. We can help support the establishment of fault in your case with documentation of all evidence and expert witnesses testimony. We have a wealth of experience winning large rewards for our clients in injury cases. Call us at 888.799.7561. We can help.

No-Doubt Liability in Auto Accident Cases

In certain car accident cases, some drivers are considered at-fault 99% of the time. These cases are often called "no doubt" liability cases. Two such instances that fall into this category are: rear end collisions and left-turn accidents.

Illinois Rules of the Road are largely responsible for the "no-doubt" designation in these cases. And as insurers are less likely to argue fault in these cases, it becomes all the more necessary to have experienced Counsel on your side to negotiate a fair and equitable settlement for injuries and losses.

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Car Accidents – Vehicle Value

If you've been physically injured as a result of a car accident where another driver is at fault, damages to your vehicle may be the last thing on your mind. Medical costs and recovery, along with loss of employment and potential emotional trauma are all, often times, more than one individual can handle at any given time. Yet, once immediate medical care is sought, it is also very important to address the damage sustained by your vehicle so that value can be assessed immediately. In addition to the Illinois Statute of Limitations in car accident cases, you should also consider the amount of time it may take to file a claim for vehicle damages, whether that is with the at-fault driver's insurer or your own (as in the case of uninsured drivers). There are several considerations that come into play when one suffers vehicle damage in a car accident where another driver is at fault.

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Uninsured and Under-insured Motorist Issues

Automobile accidents cause an unbelievable amount of distress for a driver and when you’re the victim of a car accident and the responsible party is without adequate car insurance, recovering damages can be a daunting task.

Should the responsible party be insured yet lack the appropriate amount of insurance to compensate you for damages in your case, they are deemed under-insured. When it can be demonstrated that the under-insured driver is responsible for damages and injuries, the claimant typically files a claim against that party’s insurance for the maximum allowable amount. The balance is then typically sought from the victim’s own insurer if they have uninsured/under-insured motorist coverage.

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