What is considered an accident injury?
Any injury that happens because you are in an accident is an accident injury. The meaning of “accident” is when a voluntary action results in an injury or death. The action is not normally considered to be risky and can usually be done without injury. However, sometimes unexpected results occur. People normally think of a car crash when they think of an accident. But accidents can occur anywhere – at work, while out shopping or while driving or riding in any kind of vehicle.
Some of the most common car accident injuries are:
Scrapes and Cuts: Caused by unsecured items flying around the car in an accident.
Whiplash: Caused by the force of impact jerking the driver’s neck around.
Concussions: Caused by something hitting the driver’s head.
Injury to the back: Caused by forces jolting the body around.
Injury to the chest: Caused by the driver’s chest hitting the seatbelt or steering wheel.
Injury to the arms and legs: Caused by items flying around the car, the steering wheel, airbags or seat belts. These include bruises, knee injury, dislocations, or even breaking bones.
Anxiety: Caused by the accident itself and its scary and unexpected nature.
Some people think that a pre-existing injury that becomes worse because of an accident is not an accident injury. This is NOT the case. Under the “eggshell plaintiff” rule, a person who causes an accident is responsible for both new injuries and making existing injuries worse. For example, if you have back problems, and a driver hits your car, those back problems may get worse. If this happens then the other driver is responsible for that worsening.
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It is possible that an injury that happens after the accident is an accident injury. This most commonly occurs when one injury leads to a second injury. For example, if you are in a car accident that requires an ambulance ride, and during that ride a car hits the ambulance, the driver that caused the first accident could be responsible for the second accident and any additional injuries you suffer.
What is NOT an accident injury?
An injury that is not related to the accident is not an accident injury. This would mean any injury that you have before or after the accident that is not related to it. In those cases, the driver who hit you did not cause the original injury or cause it to get worse. This would make the at-fault driver not responsible for the injury.
Because it is sometimes confusing as to what is an accident injury, the best thing you can do is seek the advice of a seasoned accident attorney at Van Law Firm. Our attorneys will give you a FREE case evaluation. We can tell you if your injuries are eligible for compensation. Call today!
No obligation consultations are always free.
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