Thursday, August 22, 2019

What Are Your Legal Rights If You Are In A Second Car Accident?

| Thursday, August 22, 2019
What Are Your Legal Rights If You Are In A Second Car Accident?

There is a theory inside law called "intervening causation." Basically, this legal principle states that when one is involved with an additional accident, then any injuries in the second accident may cut-off the chain of causation from that date forward for any claims from the first accident. Here is often a common example. Let's assume you're involved with an auto accident on May 1. From that accident, you claim you strained your spinal, and start physical rehabilitation. Then on June 1, you're involved with another car accident. After the next motor vehicle accident, you call at your doctor (who you have been treating with for that first accident) and complain of increased pain inside your back and neck due to the second accident. Now, you can observe the way the two cases overlap, thereby creating a potential problem for both accident cases.

The insurance carrier for your first accident will attempt to assert that any complaints as soon as the second accident were due to the next accident. At the same time, the insurer in the second accident will declare that the complaints in the second accident are substantially like the complaints from the first accident. Therefore, they will are convinced that the 2nd accident failed to cause any extra injury.

An intervening accident usually causes problems in personal injury cases, especially cases involving soft-tissue injuries. This is because soft-tissue injuries are incredibly subjective. Therefore, it is very difficult to distinguish the injury complaints between both accidents.
However, when a much more serious and objective injury is involved, then an intervening accident may not pose this type of problem. For example, let's assume that someone fractured a leg within the first accident, but then fractured an arm in the second accident. In it, the distinct injuries are easily separated involving the two accidents. Likewise, the second accident do not possess much influence on the injury claims in the first accident. But even during this situation, the insurer for your first accident might try to believe that any claims for pain and suffering become overshadowed through the pain and suffering with the second injury.

If you might be involved in an extra accident while you're treating for the previous accident, then you need to call your lawyer as soon as possible. Absolutely, positively, never discuss the next accident with anyone til you have spoken in your lawyer. Even if the insurer calls you, politely excuse yourself in the call and make contact with your lawyer.

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