A Medical Exam After an Accident Can Protect Your Rights

Have you seen a physician following an accident?

Call personal injury and accident lawyer Charlie Ward today for a free consultation

In the daily practice of law, I frequently receive telephone calls from people who were involved in a motor vehicle accident in need of advice. After the caller has detailed the events of the crash and described their physical pain, I go on to inquire if a medical exam was sought either at the scene of the accident or shortly thereafter. Why is that important?

Shock and the Adrenaline Rush

Immediately following an accident, the body swings into defensive response. A minor shock to the system can begin fueling the natural production of the powerful neutralizing hormone called adrenaline. People have been known to accomplish fantastic feats of strength and endurance during these hormonal bursts.  An adrenaline rush can even precipitate a loss of ordinary time reference. Think back on a stressful situation and I’ll bet you can recall the trauma in great detail frame-by-frame using the time delay of a slow motion sequence of events.

About 20% of adrenaline is composed of the hormone norepinephrine. Produced in normal amounts, norepinephrine (manufactured in part from dopamine) can create a sense of well-being and euphoria. The involuntary release of adrenaline throughout your system increases your heart rate and blood-sugar levels, improving the body’s performance in the short term. Those experiencing adrenaline rushes typically feel temporarily stronger, faster and more tolerant of pain.

Is your injury attributed solely to the accident?

It’s especially important to receive a medical exam as soon as possible after a trauma or accident since it may be days before an auto, motorcycle, bicycle or trucking accident victim begins to experience an onset of symptoms. The more time passes, insurance companies become less and less persuaded that a latent onset injury can be directly attributed solely to the accident. Seeking a medical examination either at the scene of the accident or immediately following, will establish your desire to follow through with a physician recommended treatment or follow-up plan and places you under the monitor and care of an accepted medical authority.

Experienced lawyers

Charlie Ward is a personal injury attorney experienced in litigating accidents and wrongful death claims involving cars, motorcycles and semi tractor-trailers. The law office of Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your accident and receive a free analysis of your claim.

Charlie Ward

728 S Meridian St
Indianapolis, IN 46225
317-639-9501

 

Why do personal injury attorneys advise that you see a physician immediately after an auto, motorcycle or trucking accident?

“I just walked away from the accident. No broken bones! Not even a headache!”

Call personal injury and accident lawyer Charlie Ward today for a free consultation

These words ring all too familiar after a crash encounter.  Often the persons involved in an accident are running on auto-pilot while simultaneously using nature’s own best defenses to carry on: a shock to the system coupled with a generous burst of adrenaline. Immediately following an automobile, motorcycle, bicycle or trucking accident, an injury may exist that is not evident to the patient. Often times, these injuries can be diagnosed by medical professionals through a brief physical examination, X-ray, or an MRI.

Take the time to consider your health

Most people will put on their brave faces, check on the well-being of others and urgently tend to the details of a crash aftermath, forgetting about their own physical well-being and the potential for latent traumatic injuries.

All too often— days pass, even weeks after the offense, when our office receives a phone call from the same brave soul, who is now dealing with the physical consequences of a manifested soft tissue injury, neck or back spasms, numbness and accompanying radiating limb pain.

One of my first questions to the caller would be, “Did you seek medical attention either at the scene or shortly after the accident?” I would have to make this initial inquiry because the insurance company surely will. And if the victim is unable to answer affirmatively, in most cases the insurance company will reject their responsibility for the damage since a soft tissue injury could easily occur as a result of lifting, pushing or some other over-exerting movement completely unrelated to the accident.

As a personal injury attorney seeking justice for harms done to others, I take no pleasure in having to counsel injured parties that because a doctor was not consulted in a timely manner, likely he or she must rely upon private resources for treatment of personal injuries stemming from an accident; that the insurance company would likely reject their claim and deny obligation to the injured party. If the victim is fortunate to have good health insurance, he or she can use medical coverage to treat the problems. Any permanent physical anomalies resulting from the recklessness of another driver, however, cannot be compensated for if liability for the injury cannot be directly or proximately attributed to the defendant.

The law firm of Ward & Ward has over eighty years of legal experience with personal injury and wrongful death claims and continues to seek justice for clients that have been harmed by the negligence of others. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today for a free evaluation of your claim.

Charlie Ward

(317) 639-9501

www.wardlawfirm.com

How Do I File a Wrongful Death Claim?

Indianapolis IN Accident Attorney

Who can bring a wrongful death claim?

If your spouse, parent, or other relative on whom you depend dies from injuries sustained because of the wrongful act or omission of someone else, you have the right to bring a wrongful death action against the person or entity responsible.

Filing a wrongful death claim in Indiana

Call personal injury and accident lawyer Charlie Ward today for a free consultation

As soon as you are able after the death of your loved one, you should contact an Indianapolis wrongful death attorney to protect your right to compensation. Your wrongful death attorney will want as much time as possible to investigate the details of the case before filing with the court—do not wait until the last few months before the statute of limitations runs out.

What acts can lead to a wrongful death lawsuit?

According to Indiana law, if your loved one could have maintained a lawsuit against the person who caused his or her injury and death, and if you depended on your loved one for support, then you are entitled to bring a wrongful death suit on his or her behalf.

Typical acts of negligence that may unfortunately lead to a wrongful death include:

  • Medical malpractice
  • Motor vehicle accidents caused by driving while under the influence of alcohol or drugs, driving while texting, driving while distracted, or other negligent behavior behind the wheel
  • Negligent design or hazardous conditions created by the building owner or management
  • Other catastrophic injury resulting from negligence or recklessness

What compensation is available in a wrongful death suit?

Typically, damages permitted in a wrongful death case include:

  • Medical, hospital, funeral and burial expenses
  • Compensation for your loved one’s pain and suffering in any period of consciousness between injury and death
  • Losses you suffered as a result of your loved one’s death, including: loss of financial support; loss of service; loss of gifts and other valuable gratuities; loss of parental training and guidance; and loss of society and companionship

Skilled and seasoned Indianapolis personal injury attorneys working to protect your rights

If you recently lost a loved one due to the negligent actions of someone else, the wrongful death attorneys at Ward & Ward can help ensure that you do not suffer needless financial distress in addition to mourning your tragic loss.  Ward & Ward invite you to contact them as soon as possible to arrange a free initial consultation about your case, by phone at 888-316-3449, through their website, or simply by visiting their conveniently-located Indianapolis office.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

What Does Negligence Mean in a Lawsuit?

‘Negligence’ Defined

Call personal injury and accident lawyer Charlie Ward today for a free consultation

We all have an idea of what negligence means. For example, we know a neglected child when we see one, we can all identify that one neglected house on our street, and we know what happens when we neglect our health or our finances.  But what does negligence mean in the legal sense?

Negligence and its elements

Legal negligence constitutes more than simply not taking adequate care of something.  It means failing to adhere to a minimum standard of conduct in a way that causes measurable harm to another person.  Lawyers and judges look for four elements of negligence:

  • Duty. In legal theory, everyone owes a duty to everyone else.  At base, everyone has the duty to exercise the care that a reasonably prudent person would exercise in like circumstances.  For example, while it may seem sensible to you to speed home to feed the dog before you call AAA because your power steering and brakes have just failed, a reasonable person in the same circumstances would probably get off the road right away to avoid endangering himself and other drivers.
  • Breach. Breach is a violation of the duty owed.  To continue the example from above, your duty as driver of a vehicle that has suddenly lost its power steering and brakes is probably to move your vehicle out of traffic as quickly and safely as possible.  Failing to do this constitutes a breach of your duty to the other drivers on the road.
  • Cause. Legal cause encompasses two concepts. Factual causation means that your breach of duty set in motion a chain of events that otherwise would not have occurred. Proximate cause assumes factual causation and examines whether your breach was closely related enough to the resultant injury.  For example, if your reckless driving compels another driver to leave his or her usual route and take a detour through a bad neighborhood where he or she suffers an assault and carjacking, there may be factual causation—she would never have taken that detour if you stopped driving when you should have—but no proximate cause.
  • Damage. Finally, legal negligence requires a showing of damages.  If your poor driving merely frightens the other drivers on the road, but does not cause any accidents or injuries, the final element of negligence is missing—except under very special and limited circumstances, the law does not consider merely being afraid of something a measurable injury.

Experienced Indianapolis personal injury lawyers working for you

If you have a negligence case in Indiana, you need to work with an attorney who knows Indiana personal injury law inside and out.  The Indianapolis personal injury attorneys at Ward & Ward have nearly 80 years of combined experience working to ensure that personal injury victims in Indiana get the attention they deserve and the financial security they need.

If you or a loved one suffered an injury because of another’s negligence or recklessness, Ward & Ward, Attorneys invite you to contact them as soon as possible to arrange a free initial consultation about your case, by phone at 888-316-3449, through their website, or simply by visiting their conveniently located Indianapolis office.