If you have suffered a personal injury, it is important that you seek and document medical care as soon as possible. For many types of injuries, the harm done is not immediately apparent. There could be serious damage done, but symptoms may not yet be present. If you wait too long to see a doctor following an accident, your chances of recovery could be reduced or even eliminated. Moreover, medical evidence is crucial in all types of personal injury claims. If you have suffered a personal injury, see a doctor right away, and contact Williams Elleby Howard & Easter, to discuss your case.
Protect Your Health
This is the most immediate and important reason to seek medical care. Some injuries are not painful or do not create symptoms until days or even weeks later. Therefore, even if you feel fine, if you have been in an accident or suffered any type of trauma, it is important to see a doctor to get an assessment.
Establish and Preserve Crucial Evidence
Plaintiffs must prove that the defendant’s actions caused their harm. It is difficult for plaintiffs to succeed in a personal injury claim if they failed to seek medical care soon after the injury occurred. In these cases, defendants often argue that the plaintiff’s harm was actually caused by something else. An injured person needs medical documentation that proves or strongly indicates that the defendant’s actions caused the harm, otherwise winning a personal injury case is unlikely.
In Georgia, a Plaintiff cannot recover unless he or she can prove that the Defendant’s actions caused a new injury or exacerbated a pre-existing injury or condition. This is referred to as the rule of proximate causation. At trial, the judge will normally instruct the jury as follows:
Proximate cause means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event, but if an act or omission of any person not a party to the suit was the sole proximate cause of an occurrence, then no act or omission of any party could have been a proximate cause.
Georgia Suggested Pattern Jury Instruction, Vol. 1: Civil Cases, Fifth Edition, Charge 60.200.
No plaintiff may recover for injuries or disabilities that are not connected with the act or omissions of the defendant in this case. There can be no recovery for a particular plaintiff for any injury or disability that was not proximately caused by the incident in question. If you find that, at the time of the incident, the plaintiff had any physical condition, ailment, or disease that was becoming apparent or was dormant, and if you should find that the plaintiff received an injury as a result of the negligence of the defendant and that the injury resulted in any aggravation of a condition already pending, then the plaintiff could recover damages for aggravation of the preexisting condition.
Georgia Suggested Pattern Jury Instruction, Vol. 1: Civil Cases, Fifth Edition, Charge 66.504.
In their most basic sense, these rules require the Plaintiff to prove that the act of the Defendant caused the Plaintiff’s injuries. The Defendant has a greater chance of convincing the jury that the injuries claimed were caused by something other than the Defendant’s negligent act if the Plaintiff waits an extended amount of time to seek medical attention.
Don’t Worry About the Money
Sometimes personal injury victims avoid going to see a doctor because they are worried about the cost of medical care. This is never a good idea. Even if you do not have insurance or any way to immediately pay, your health is too important to forsake.
In cases where an injury victim has a viable personal injury claim, many doctors and healthcare providers will provide care in exchange for a medical lien. A medical lien gives a doctor or other healthcare provider an interest in any personal injury settlement or award that eventually comes from the personal injury claim. Thus, the healthcare provider is paid only after the case is over.
For More Information, Contact Williams Elleby Howard & Easter, Today
It is imperative for those harmed by the wrongful actions of another to protect their rights. Victims of harm deserve to be compensated when they are harmed due to the negligence of another person. Anyone that brings a personal injury claim should have qualified and experienced legal counsel on their side. The experienced legal team at Williams Elleby Howard & Easter, is dedicated to holding tortfeasors accountable and helping injury victims and their family members get justice.
If you or a loved one has suffered a personal injury due to the wrongful actions of someone else, seek medical attention right away and contact the experienced legal team at Williams Elleby Howard & Easter, to discuss your case. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout Georgia. Call Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free consultation today.
