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Have You Been Involved in an Auto Accident?

First Shock.  Then Pain.  Now What? 
There are more than 300 auto accidents each month in Contra Costa County.  In spite of the frustrations you may now be going through, if you are alive, the accident could have been worse.  First, let’s count our blessings!!!  Contra Costa County has experienced over 100 auto accident fatalities since 2000.  But now, you have other challenges to be concerned with.

Don’t Be Fooled…….
If your auto accident seemed minor because of slow speeds or little damage to your vehicle, that doesn’t mean injury did not occur.  It can be a time of great concern.  At just 10mph, the body can be subjected to a force of 5 to 10 G’s.  The force of 10 G’s is greater than a fighter pilot would experience during aerial combat.
Independent studies show that your body can violently move back and forth 6 to 10 times the speed your auto was going at time of impact.  In other words, a 5-10 mph crash, your neck can move at 50 to 100 miles per hour!  This is how G force can cause serious injuries at even low speeds.  Of course, high impact speeds are self-explanatory.

WHAT SHOULD I DO IF I AM IN A CAR ACCIDENT?
1.   Stop – do not obstruct traffic
2.   Assist the injured
3.   Protect the scene – to percent further injury
4.   Call an officer – local Police Department
5.   Keep notes – strictly to yourself
6.   Assist the officer – give basic facts
7.   Identify the other driver
8.   Obtain witnesses information
9.   Arrest does not indicate liability
10. Do not leave the scene until doing the past 9 things
11. Call Barton Chiropractic
12. Inform your insurance company
13. Obtain professional counsel (get an Attorney)

Two Types of Injuries
There are two types of injuries that happened to accident victims:  These include Hard Tissue and Soft Tissue Injuries.  Hard tissue injuries usually require emergency medical treatment.  Most soft tissue injuries respond best to chiropractic care. 

Hard Tissue Injuries
Hard tissue injuries are those injuries which happen to the bones.  They include fractures, broken bones and dental problems.  These along with cuts, bruises and burns fall within the category of Emergency Medical Care.  Most of these have a set healing time.  Once you’ve been checked and treated for these types of injuries, the next thing to be concerned about are soft tissue injuries.

Soft Tissue Injuries
Soft tissue injuries are those injuries which happen to all the remaining tissues of the body.  These include sprains and strains of the musculoskeletal system, including the spine and neck.  The most prevalent soft tissue injury found in auto accidents in known as whiplash. 

Whiplash
Whiplash is a term used to describe what happens to your head and neck in an automobile accident.  It can occur at any angle; head on collisions, rear-end impacts, from any corner, or from being T-Boned, which is impact from the side.  
The ill effects of a whiplash injury can occur instantly or it could be weeks, months or even years before symptoms occur.  Injuries to the neck caused by a sudden movement (head forward, back, or sideways) is commonly referred to as “whiplash” or “acceleration/deceleration injuries”.  Literally thousands of pounds of force is exerted upon the neck and spine of the whiplash victim.  These forces result in tearing of muscles, ligaments, and tendons, and in turn, can result in a displacement of the vertebrae of the spine (subluxation) which is a dysfunctional joint causing nerve irritation (pinched spinal nerves).  The results of such injuries can cause neck pain, shoulder and arm pain or numbness, elbow and hand pain or numbness, mid back pain, headaches, dizziness, and blurred vision.  The injured areas lose the ability to function and loss of range of motion (stiffness) occurs. This is where whiplash pain comes from.  It’s most prevalent in the neck – but can happen to any area of the spine or body.

Symptoms of Whiplash
Whiplash symptoms can include neck pain and stiffness, shoulder pain, headaches, back pain, arm pain, numbness or tingling in your fingers, dizziness or lightheadedness, mid back pain, low back pain, numbness or tingling down your legs.  Whiplash may also produce facial pain, ringing in the ears or hearing loss, vertigo, blurred vision, or even hoarseness.  Whiplash is real and painful.   You may experience one or many of the above symptoms.  Each person is unique in their injuries. 

The Problem With Whiplash
The problem with whiplash is that very few doctors truly understand it.  Well meaning emergency room physicians, general medical doctors and physical therapists do not appreciate the extent of the pain and injuries of whiplash accident victims.  The end result is these people are often provided inadequate treatment to care for their injuries.  Don’t let this happen to you.

Whiplash Injuries Can Remain Hidden For Weeks Or Months
Because of the body’s ability to adapt to injury, some whiplash injuries can remain hidden for weeks or months before pain or other symptoms surface.  By the time symptoms surface, many people have already signed their right s to treatment away.   Insurance companies know the facts and spend millions of dollars a year to hide them.   It is no secret that insurance companies may not have your best interest in mind and attempt to get you to prematurely settle your claim in order that they can avoid additional liability.  Insurance companies are controlled by stockholders whose primary aim is to make money.  Their concern is not your health.  Their concern is to get you to settle for as little as possible.  If you do, what happens when hidden challenges begin surfacing?  Don’t let this happen to you.  Preserve your rights to receive the treatment you need by not signing away your rights.

CHIROPRACTIC

Chiropractic is the most appropriate approach to these types of injuries.  Chiropractic care utilizes specific bone manipulations (Adjustments) to help normalize spinal function.  This is crucial in the beginning phases of healing to bring back proper motion, but return of functional joint motion usually requires 2-3 months of chiropractic care.    Active care allows the soft tissue (muscles, ligaments, and tendons) to heal most effectively with minimal scar tissue and physical therapy can take from a few months up to a year to complete the healing process. 

THE 3 PHASES OF HEALING
There are 3 phases of healing that our bodies must undergo in any type of injury and chiropractic combined with physiotherapy is the most effect approach to all soft tissue injuries.  The initial phase of healing (Acute Inflammatory Phase) usually lasts 24 to 72 hours and ice (Cryotherapy) and immobilization (Neck Brace) is essential during this phase.   The next phase of healing (Regeneration Phase) begins around 3 to 5 days post injury and can last up to 3-6 months.  Chiropractic care combined with passive modalities is crucial to achieve maximum improvement of joint function during this phase of healing.  This is when damaged tissue is replaced by new tissue (Collagen).   Mobilization to the injured joints (chiropractic care) is essential to proper healing during this phase of care.  The third and final phase of care (Remodeling Phase) begins about 2 to 4 weeks after the injury and can last longer than 1 year in very severe cases.  Remodeling overlaps the regeneration phase of healing and this is when chiropractic and physical therapy is combined.  Remodeling is when new tissue (Collagen) begins and continues to strengthens.  It is essential to be seeing a physical therapist 2 to 4 weeks post injury to reduce recovery time during the remodeling phase.  Always remember chiropractic first, medicine and physiotherapy second, and surgery last.

PAIN, WHY ME?
Pain is an indicator that a problem within are bodies exists.  Without pain our bodies could not tell us that there is an injury and that there is something wrong.  Usually the absence of pain and swelling after injury is an exceedingly poor indicator of healing tissue.  Most minor to moderate whiplash injuries are overlooked by the patient, the hospital, and even the patient’s family medical provider due to the lack of initial pain.  One week up to 2 months after the injury, the patient continues to have pain or the pain worsens, is when most people begin to realize that the injury is much worse then they had imagined.
 
EFFECTS OF IMPROPER TREATMENT
Improper treatment of whiplash injuries and all soft tissue injuries is a factor in about 50% of the patient’s that finally present themselves to our clinic.  Some patients are given a soft cervical collar by there medical doctor.  If this collar is worn too long, the collar itself can further weaken supportive muscles and actually lengthen recovery time.  If a muscle, ligament, tendon, or joint is subject to prolonged immobilization after injury or surgery this can have significant and profound negative effects.  If a fracture is present the patient is to be first seen by Neuro-surgeon to rule out spinal cord injury and will more than likely have to where a special collar/halo until the fracture is healed.  Once the fractured vertebrae is healed the patient should be sent to a physical therapist to minimize the negative affects of the prolonged immobilization of the soft tissues.  Most MD’s and DO’s prescribe muscle relaxors, pain medications, and anti-inflammatory medications (NSAIDS) first and skip chiropractic and physical therapy all together. 

Don’t Take Unnecessary Chances
In whiplash injuries, ligaments, muscles and joints are stretched and torn out of their original positions.  When this happens, the nerves become compressed and cause pain.  Without proper care, the injury can progressive grow worse, because the neck vertebrate are now unstable and disc decay can form.  Your ligaments and other soft tissues can heal with scar tissue, and your vertebrate may heal in the wrong positions, creating long-term instability and weakness.   This is a permanent condition known as fibrosis, the pain is real and can last a lifetime.  Don’t take unnecessary chances.

The Good News!
The good news is that qualified chiropractic care has proven to be very effective in helping most whiplash victims identify and treat their whiplash injuries – without drugs or surgery. 
A study by Woodward, Cook, Gargan and Bannister found 93% of patients under chiropractic care for whiplash injuries had improved.  They further stated”…..”No conventional medical treatment has proven to be as effective as chiropractic.”
Call Us Today At Barton Chiropractic Center in Concord For Your Exam
Dr. Barton, Dr. Joe, and Dr. Jay have had the experience of helping thousands of auto accident victims in their careers, saving most of them from long-term drug addiction and years of future pain as a result of their soft tissue, whiplash injuries.
Call us for your comprehensive examination.  If you have challenges needing treatment, rest assured we will provide you with the most competent and comfortable care available.  We are willing to work with you regardless of whether you do or do not have an attorney.  Our primary concern is to help you move into your future without the painful effects of whiplash following you there.
Call us today at 925-685-2002.  We look forward to serving you.
HOW DO I FIND AN ATTORNEY WHO IS FAMILIAR WITH AUTO ACCIDENTS, PERSONAL INJURY, AND/OR WHIPLASH CASES?
We can refer you to several attorneys in the area that specialize in Personal Injury Claims and who have assisted our patients in the past.

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About the Author

Christian
Married for 23 years
Father of five GREAT children
Private practice for 23 years

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Steps to Take Following an Auto Accident!

An auto accident can have catastrophic consequences on an individual’s livelihood if they are seriously injured. To begin, auto accident victims who are injured often suffer financially because they are unable to work and/or have amassed medical bills which they cannot afford to pay. Secondly, auto accident victims tend to find that their familial relationships have been injured. For example, due to injury, spouses are often physically unable to be intimate. Further, as a result of injuries sustained in an auto accident, parents are often unable to physically interact with their children on a day to day basis. Additionally, auto accident victims who have suffered serious injuries tend to be unable to sleep, struggle to take care of themselves, discover that they are physically unable to sit or stand for prolonged periods of time, can become very reliant on pain medication and simply cannot regain the health and mobility that they had prior to their auto accident.

It is for the above reasons that all auto accident victims, regardless of whether a victim believes that they are injured at the time of the accident, should take the following steps to protect themselves. Further, adhering to the following steps after an auto accident will most likely increase the value of any settlement an auto accident victim receives from an insurance company.

Obtain the Names and Contact Information of All Witnesses. Immediately following any auto accident it is of the utmost importance to obtain the name, phone number, address and even e-mail of any individuals that saw the accident. These individuals will be able to serve as neutral witnesses that have nothing to gain or lose at any trial. Thus, these witnesses have no bias and are often very convincing to judges and juries.

Take Pictures of The Accident Scene. A picture is worth a thousand words. Your case will be far more compelling and you will fare better in negotiations and during any trial if you have pictures of the accident scene. This means take pictures of: 1) the damage to all cars that were involved in the auto accident; 2) all street signs, street lights, and street divider lines in the vicinity of the auto accident; 3) any and all physical injuries that you may have; 4) any damage to the interior of the vehicles involved in the auto accident; 5) any debris on the street or sidewalk from the auto accident; and 6) all other things which you think may be relevant to the cause of the auto accident.

Simply put, showing a picture of a mangled vehicle to a judge or jury is far more effective then attempting to describe the damage to a vehicle verbally. Furthermore, having pictures of where cars were positioned immediately after an accident may prove who and/or what caused an accident to occur. Additionally, if your vehicle is mangled or has a great amount of damage, the picture will often help a judge or jury determine or understand the force of the accident.

Go to the Doctor. Again, Go to the Doctor. Often, individuals involved in an auto accident shrug off going to the emergency room immediately after an accident and/or fail to regularly attend physical therapy because they believe the discomfort or pain they feel will go away on its own. This can be erroneous because pain arising from a serious auto accident can worsen in the weeks and months following an accident rather than get better.

If you fail to go to the doctor shortly after an auto accident the likelihood of obtaining a favorable settlement can be greatly diminished. An insurance company will simply argue that you obviously were not injured because you did not seek medical attention and/or missed numerous doctor appointments. In other words, if you are pursuing a claim for a “personal injury” but have little or no medical evidence establishing that you were injured then the likelihood of success as to obtaining a settlement or jury verdict is greatly reduced.

Do Not Minimize Your Injuries. When you go to the doctor be sure to tell him or her about any pain, bruising, swelling or discomfort that you have no matter how minor. Also, tell the doctor if any part of your body struck any object within the car (ie. head striking steering wheel, window, dashboard, etc.). In short, do not minimize your injuries under any circumstance. If you fail to tell a doctor about an injury then the doctor will not note it in his or her report. Thereafter, if you seek to assert that a previously unreported injury was caused by your auto accident the insurance company will dispute it based on the fact that the injury was not reported to your doctor immediately after the accident.

Do Not Give a Recorded Statement to an Insurance Company. The sole purpose of a recorded statement is for an insurance company to obtain evidence from you that it may be able to use against you in the future. Insurance companies train their adjusters to ask any and all questions which may tend to show or prove that the victim was the cause of an auto accident. This is important because auto accident victims who are found to be negligent, no matter how minor, in Maryland and the District of Columbia are barred from being compensated in most circumstances. Further, many accident victims have little or no training regarding the handling of an accident claim. Therefore, at the outset, the victim is usually at a disadvantage and is unprepared to give a recorded statement. I strongly suggest retaining an attorney prior to giving a statement to any insurance company.

Exchange Information. After the accident it is highly important for you to exchange the following information with the other driver: 1) name; 2) address; 3) phone number(s); 4) insurance company and policy number; 5) driver’s license number; 6) make and model of vehicle; 7) vehicle registration and 8 ) license plate number. Further, if the driver’s name differs from the individual who is named on the insurance card and/or car registration then inquire as to the driver’s relationship with the insured and/or car owner.

The above information is highly necessary if you wish to proceed with a claim in an effective, and time efficient manner. In the event that you do not obtain this information you and/or your attorney will have to expend time, money and resources attempting to locate it. In the event that you are unable to locate this information then you may be unable to obtain compensation for your injuries.

File an Accident Report. The filing of an accident report helps to establish the fact that at an auto accident actually occurred. Further, police officers will often provide key information in their reports, including but not limited to, witnesses, diagrams, insurance information, whether anyone was taken to the hospital from the scene of an accident and the identities and contact information of all the drivers and their passengers. Further, the police officer can thereafter serve as a witness on your behalf should there be a trial. It’s my practice to attach favorable accident reports to legal filings, such as Complaints, which I submit to courts. This allows a judge to see a police report which they ordinarily would be barred from reviewing due to the hearsay rule.

Keep all Receipts. The law provides that the victim of an auto accident shall be compensated for any and all expenses incurred by the victim due to the accident. Thus, an accident victim can receive compensation for lodging, medicine purchases, gas mileage, medical equipment purchased and a variety of other accident related expenses. However, you will only be compensated for those expenses that you can prove. Thus, it is important for you to hold onto your receipts and forward them to your attorney.

Do Not accept a check which is labeled final payment without first consulting an attorney. The acceptance of such a check, prior to discovering the full extent of your losses and being advised of your legal rights, can result in an auto accident victim receiving substantially less compensation than he or she is entitled to.

Do Not automatically agree to a vehicle damage appraisal conducted by the insurance company. Insurance companies may purposefully undervalue your repair estimate or base the repair estimate on the use of replacement, refurbished and/or used auto parts.

Do Not sign a release or waiver without first consulting an attorney. The signing of a release and/or waiver, prior to discovering the full extent of your losses and being advised of your legal rights, can result in an auto accident victim receiving substantially less compensation than he or she is entitled to.

I encourage all accident victims to retain an experienced, professional and aggressive personal injury attorney. Insurance companies have their attorneys and trained staff working for them. Therefore, in order to be fully knowledgeable regarding your rights and greatly increase your chances of receiving full compensation, I strongly urge you to contact The Whiteru Firm, PLLC at 202 558 6196 or info@whiteru-law.com.

About the Author

Okie C. Whiteru earned his Juris Doctorate in 2003 from The University of Miami School of Law in Coral Gables, Florida. Mr. Whiteru graduated from the University of Miami School of Law with honors, Cum Laude. Mr. Whiteru later obtained a Masters of Law in Litigation and Dispute Resolution (LL.M.) in 2008 from The George Washington University Law School.

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You don’t need an attorney to settle an insurance claim for personal injury. In most cases, these settle without any attorney present. This happens because there are large costs and legal fees associated with situations like these. If you learn how to go through the process and handle the claim, you might save a bit of money, while getting bigger injury compensation.

Your first meeting with the doctor is when the claim process starts for your case of personal injury. Once you get treatment, you are officially known as injured. If someone says that you have an injury similar to a headache, he will usually not get any type of payment, unless they see a very clear proof of the injury.

In most cases, an insurance company will attempt the settlement of the claim for injury insurance. This happens when they offer you a sum of money, in exchange for the signature on a document stating that you will not make any type of claim against the company.

Plenty of insurance adjusters will try to get the settlement right from the beginning, when they first talk with you. Over the phone, they can record the conversation and use the agreement you give them.

You can choose not to settle, in which case your claim process will go on. The treatment you get and the medical bills which show up will be paid by the insurance. You will receive a form for medical authorization from both companies, asking you to give permission for them to get the records and medical bills. If you don’t sign this form, your medical bills don’t get paid.

They need to see the records since they pay the bills, so it’s only logical that they know what they pay for. The defender’s insurance company doesn’t need this form signed, at least not until they settle.

After the medical bills get paid, your insurance company will get their money back from the insurance company of the party that was responsible. This only happens when you reach a settlement agreement. This entire process can take three years, but it depends on the limitations statute of your state.

The claim process for the personal injury is mostly focused on the medical treatment that you’ll get. You will receive letters from the carrier of the insurance, asking for medical condition reports. If they think that you get too much treatment, they might send letters to the company where you have your insurance, saying that they don’t want to reimburse the medical bills.

By Cristian Stan
Published: 2/16/2010

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