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Doug Landau
Doug Landau
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Car Crash & then Medical Mistakes: Does Unsafe Driver Pay ? (part 2)

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When you file a suit against someone for negligence—like the driver of the car—one of the things that you have to prove is that their irresponsible actions caused your injuries. This is easy when you think about the injuries that occurred exactly at the moment of collision, such as a broken leg, a concussion, or whiplash. But the law says that the irresponsible person can be held responsible for all the foreseeable consequences of their actions. If the broken leg causes the injured person to favor their other side and this results in an overuse condition or subsequent fall, it may be related to the original vehicle impact. Many cases of head trauma and brain injury do not surface until many months after a car crash. Unlike the damage to a fender, door or windshield, internal organ and closed head injuries may take a long time to manifest and then heal.

So, over time, many states’ laws have come to recognize that those foreseeable consequences include the actions of a drive up “doc in a box” emergency facility providing sub-par treatment in a way that makes your injuries worse. The negligent medical treatment was simply part of a string of consequences that can all be traced back to one source: the Defendant driver’s unsafe decisions that unnecessarily endangered you and others on the Maryland and Virginia Beltway.

Of course, there is always the possibility of some legal complications. For example, the doctor and the unsafe driver may have a separate legal battle between them to try to divide up the costs of their independent actions. They may "point the finger" at each other and try to avoid the blame. At the Herndon Law firm of ABRAMS LANDAU, ew find defense attorneys playing "hot potato" when it comes to accepting responsibility for their clients’ negligent and reckless actions.

Another way that a negligent driver might try to escape responsibility for all of the harms and losses they caused is by alleging that you were unreasonable in your own medical care. For example, if there is evidence that you somehow exercised bad judgment in selecting your doctor, then new issues might arise. This is because the injured victim is required under Virginia law to exercise reasonable care in mitigating or lessening their own losses. However, after already being victimized twice, the courts in this Commonwealth generally protect the plaintiff from even further headache by allowing them to simply sue the reckless driver. If you have been injured by the unsafe actions of a truck, car or motorcycle driver on the highways of Virginia, Maryland or the District of Columbia, and there are questions about what laws apply, e-mail or call us at the ABRAMS LANDAU, Ltd. (703-796-9555) Law Shop in Herndon Virginia at once.