In the immediate aftermath of an accident, it’s understandable that those affected tend to give more attention to their immediate needs, such as medical care, job loss, damage to their cars, and the physical pain from the accident. These issues are all relevant but a personal injury case may also involve some lesser elements which may not be obvious at first. Tightly related to the question above is what a person might not have known about an accident that could influence the course of a claim. Regarding this question, attorneys look at a number of circumstances that may have been surrounding an accident that the injured individual may not have known but that could impact the direction of a claim.

A Chicago personal injury lawyer Chicago might seek to consider the circumstances of an accident, what occurred right after, and how the injury has impacted the person over time. These observations can aid in creating links between the incident, the resulting harm, and the roles of others in the incident. These non-obvious factors can help shed light on why seemingly insignificant details can be the subject of a large amount of attention in a personal injury case.

Effects on Daily Activities 

An injury might disrupt typical daily activities, which is one aspect that lawyers might notice. A person can have a vivid recollection of the accident and not realize how the injury impacted their life following the incident.

For instance, someone who has been injured might find it hard:

1. Excessive walking or standing.
2. Taking work trips and running errands at home.
3. Participating in recreational activities.
4. Taking care of children and/or family duties.
5. Sleeping comfortably.
6. Doing routine activities that haven’t been done before.

These changes can help give context to the impact of the injury in practice. While medical records can detail a diagnosis, real-life constraints can help bring the diagnosis to life. An attorney can thus request information regarding routines prior to and after the crash. These discussions can uncover effects that an injured party has slowly come to terms with and consider as part of life.

Pre-Claim Statements and Communications 

Another field of interest that lawyers may explore is the statement or writing of the injured person shortly after the accident. What might be said to insurance companies, employers, medical professionals, witnesses or others could be relevant during the comparison of accounts of the incident at a later date.

A person who has been injured or is not clear after a crash will report the crash differently at a later time. This doesn’t necessarily mean that the person is lying. Memory can be modified by the acquisition of new information.

Attorneys can make a comparison among the statements to see if there are significant inconsistencies. They may also want to take into account the context of the time in which the statements were made.

This is why it’s important for people to be careful and precise about the details of their injuries. They can differentiate between what they know, what they remember and what they are unsure of rather than trying to guess what they do not remember.

Key Details at the Accident Scene 

People tend to focus on the obvious elements of an accident, and attorneys on the context of the accident.

For example, an advocate might want to explore:

• Lighting conditions
• Weather conditions
• The quality of the road/walkway surface.
• Visibility
• Traffic patterns
• Arranging of vehicles or objects
• Warning signs
• Surveillance cameras
• Businesses or properties that are close by
• Potential witnesses

This information can be used to give further context about an accident. For example, a photo of a wrecked vehicle could be more impactful if viewed in conjunction with traffic patterns, the vehicles involved, and what witnesses saw.

The surrounding environment too can change over time. The scene might be changed after an incident by construction, repairs, weather and/or normal activity. Therefore it might be of importance to record relevant conditions as soon as they occur.

Conclusion

A personal injury attorney will be able to see items that are not directly related to the accident. Routine changes, timing of symptoms, earlier claims, environmental factors and medical recovery versus actual functioning can all give useful context to consider when assessing a claim.

For those who have been injured, identifying these details can help promote thorough documentation and communication of what occurred and the effects of the injury on their life. It’s okay not to have one major piece of evidence in a thorough review. Rather, the whole story can develop out of many small facts that interlock. Salvi Schostok & Pritchard P.C.  can offer legal counsel that is specific to the case, when assessing those details and determining how they may impact a personal injury claim.

Frequently Asked Questions

What are the specifics that a personal injury lawyer typically looks at?

Attorneys can look at the circumstances around the injury, medical records, statements, photos, witness information, changes in daily life, and employment impacts, among other things, that will be part of the timeline of the accident.

Are there some minor discrepancies that could impact a personal injury case?

They are able to ask questions, especially if there is a significant difference between accounts. Attorneys consider the reasons behind the discrepancy and if there is any other evidence that supports the person’s story.

What is the impact of the timing of treatment in medicine?

Timing of treatment may help determine the development of the symptoms and the progression of the injury. Although a delay doesn’t necessarily mean a claim is invalid, the reasons for the delay may need to be explained.

What do Lawyers ask about outside of medical treatment?

Medical records mainly have observational data regarding medical conditions and treatment. Details of activities of daily living can also give some indication of the impact of an injury on a person’s function and lifestyle.