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This past week I had a telephone call from a prospective personal injury client who had been hurt in a car accident. The victim related to me that they were not at fault in this injury accident..in fact liability was crystal clear: they had been stopped at a red light and were "rear-ended" at approximately 40 mph. This accident completely demolished their car. Despite the immediate onset of injury symptoms they declined medical care. They returned to work the next day, and despite the back and neck pain they continued to work regularly. The press of their busy life between work and family obligations caused them to not see a doctor at any time subsequent to the car accident. Now, 8 months later, they were calling me to see what could be done and how to proceed with a case.

Obviously this injured person should have sought immediate medical care...it shouldn't take a lawyer to tell them that!...however, as far as a potential case against the driver who caused the injury in the car accident they will have an extremely difficult and uphill battle on their hands in demonstrating that they were actually injured as a result of the automobile crash. Simply put, what should have been a solid personal injury case in which this injured accident victim could be compensated for her personal injuries, the victim has let so much time elapse been the accident and seeking medical care that it may be extremely difficult to prove that the injuries were the result of the car accident.

The law requires that when one is injured in an accident that they take steps to mitigate their damages. Specifically, the law takes a dim view of a plaintiff who seeks compensation for injuries, and pain and suffering when they have taken no steps to attempt to receive medical care to attempt to get well. It is also difficult to convince a judge or jury that after an extensive delay, in the absence of other evidence, that the injury was the result of the long ago prior accident.

If you are involved in accident and believe that you may have been hurt as a result, it is essential that you get checked out by your doctor immediately. If your doctor believes treatment is in order it is wise for the sake of your health to undertake the medical care regimen prescribed. Failure to follow these common sense guidelines may have a detrimental affect on your personal injuries, as well as your ability to seek compensation from the party who caused your injury. Every personal injury attorney can tell accounts of clients who at first appeared to have minor injuries only to have the condition worsen and require major surgery later on. If you suffer personal injuries in an accident see your doctor and follow his guidance....and as any personal injury lawyer will tell you, your ability to be fairly compensated for your personal injuries may depend in significant part on you taking the necessary steps to mitigate your damages and prove the connection between your personal injuries and the accident which caused them.