When you are hurt in a car accident, there are a lot of things that run through your mind, but most people aren't focused on suing the other driver or their own insurance company. Unfortunately, because of the way the world works, most people find that they are given far less of a settlement than they deserve, especially if the accident wasn't their fault. I wanted to create a blog all about choosing a better accident and personal injury attorney, so that you can prevent longterm financial ramifications from your accident. I know that a lot of these tips helped me along my journey.
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Disastrous accidents can cause massive chaos and harm to those affected. In an at-fault car accident, the driver who causes the incident may be liable for damages. In serious car accidents, a person may be required to undergo extensive surgery and other dramatic medical care. Liability comes in all forms, and multitudes of liability may occur when the car accident precedes a situation in which improper medical care was provided. Two different lawsuits could derive from such a situation. One lawsuit could center on the car accident, and the other lawsuit might focus on medical malpractice. Since the injuries derive from two causes, two separate legal claims could be filed.
Combined Liabilities
The odds of an at-fault car accident leading to a medical malpractice situation are low, but the possibility does exist. A drunk driver who goes through a stop sign at a very high rate of speed is definitely liable if he/she hits another car and injures someone. The DUI, failure to stop at a stop sign, and speeding are all violations of traffic laws. The DUI component could even bring forth criminal charges.
As bad as this scenario is, things do run the potential of getting worse at the hospital. Imagine if the doctor responded to an accident victim's complaints of hip pain by only x-raying or examining one hip instead of both. No injuries may be found on the right hip, but the left hip was not examined. A few weeks later, it is discovered the left hip was fractured and the injury has worsened. The doctor's omission in checking the left hip could be considered major malpractice. If two different forms of liability emerge, then it would make sense to pursue damages from both liable parties.
Conveying All Information to an Attorney
Outside of performing an investigation and discovery, an attorney heavily relies on what a client reveals to him or her. If the litigation initiated by the client focuses solely on the car accident, the client may not mention anything about medical malpractice. Not relaying such information to an attorney just might be a drastic mistake. A client might assume the hospital matter is separate from the car accident, so the attorney need not be told of any "mistakes". A number of things are wrong here. Assumptions can prove self-defeating. Whether the incident is separate or not is of no consequence. Mistakes do come with major legal repercussions.
The moral of the legal story here is make sure an attorney knows about anything and everything related to pain, suffering, and injury associated with a car accident. All legal options might be pursued if this is done.
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