You will no doubt know that when you bleed from a cut caused in an accident that most times the blood will clot naturally and in no time at all there will barely be a scar noticeable.
This is good when it happens on exterior parts of your body but when you are involved in an auto accident and you have internal injuries a blood clot could take place without you knowing.
Every year between 60,000 and 100,000 Americans lose their lives to a blood clot. If you or a member of your family have been told that following an auto accident you have a blood clot you may find you are entitled to file a personal injury claim to cover the cost of medical treatment and any other damages that have occurred.
These could include loss of earnings and pain and suffering. You will need to talk to a PI attorney before proceeding with your claim.
How a Blood Clot May Affect Your Life and Financial Security
Blood clots are the types of injuries that aren’t noticeable immediately after an injury has taken place. Often, people who are injured in an auto accident may break a limb while other victims may suffer severe head injuries.
Sometimes blood clots occur in the legs and are called deep venous thromboses. This can happen if the limb is hit hard and the person is immobile while recovering.
This sort of clot may travel without you knowing right through your arteries and into your lungs where a pulmonary embolism could take place. Symptoms could include a swelling in the leg at the place the clot started to forms. Also, the area may look discolored and feel warmer than usual.
Many victims of car accidents don’t realize they could have deep vein thrombosis and don’t visit their doctor until it’s too late. This can have a drastic effect on both the victim and his or her family as time will need to be taken off work to recover. No money will be earned and the recovery period could be several months.
Here is some additional information on what you should do if you want to file a personal injury claim after suffering a blood clot.
The Kind of Damages you Might be Entitled to in a PI Claim
In most states anyone who is injured in a car accident which was not their fault may be entitled to personal injury compensation as long as they have sufficient evidence to prove it.
A PI claim in an auto accident is normally calculated on a number of factors which include damage to property, cost of medical treatment, loss of earning potential, pain and suffering and in some states punitive damage where it can be proved the accident was due to negligence, such as deliberately driving the wrong way down a road.
Auto Accidents that Cause Blood Clots
Blood clots are injuries that are often not detected until well after an accident has taken place. Often, people who are injured in an auto accident they may break a limb while other victims may suffer serious head injuries.
When a blood vessel gets damaged, the blood nearby can thicken and form into a clot. Some clots may only have an effect on the veins near to your skin's surface.
Typically, this condition, called superficial thrombophlebitis, doesn't progress to any serious problems. However, when a blood clot develops right inside your leg this is called deep vein thrombosis (DVT).
These types of blood clots can be dangerous if they are able to break loose and travel towards your lungs. This in the end could lead to a pulmonary embolism (PE). If you have had an auto accident and you have suffered broken bones, a bad bump, severe bruising or serious muscle injuries a blood clot could develop without you noticing.
The Sorts of Auto Accidents that Could Cause Blood Clots
There are many types of auto accidents that could cause injuries that lead to blood clots such as:
- a rear ender;
- a head on collision;
- a side swipe;
- a t bone accident;
- an underside;
- the car is totaled.
Determining the At-Fault Driver’s Liability
If you wish to receive PI compensation for the blood clot caused in an auto accident that was not your fault, you will need to prove the at-fault driver is liable for your injury.
There are 4 elements of negligence that must be proven before a PI settlement can be reached and these are:
- the drivers duty of responsibility to drive safely;
- the duty of responsibility to drive safely was breached;
- the breach of duty caused the accident and injury;
- the crash or accident caused the damages.
Once you have the proof that the at-fault driver acted negligently and it was this behavior that caused your auto accident and blood clot you are all set to file a personal injury claim for damages. You will need to devise your demand letter and forward it to the at-fault driver’s insurer. You will need documentation to support your claim. When you are gathering together all the evidence you should keep everything you get in a safe place so it is easy to find when you have sufficient evidence to back up your PI claim in your demand letter.
Documentation to Support Your Claim
Documentation is an essential part of filing a claim and this should include:
- all your medical bills both paid and unpaid;
- your doctor’s report which includes diagnosis and recovery time;
- photos of injuries including blood clots, and any other damage such as to your auto;
- if a police officer wrote an accident report you should include a copy of that with your demand letter;
- prescription receipts;
- eye witness reports.
As soon as you have filed all your evidence in a logical order you can start to compile your demand letter and once completed all your documentation should be attached to the demand letter and sent to the at-fault driver’s insurer to await a decision.
You May Want Consult with a PI attorney
If you decide to file a PI claim you will need an attorney to help you. This is at least in part because insurers are notorious for trying to negotiate a lower amount of PI compensation than your claim is worth. A PI attorney will ensure this doesn’t happen and you will get an entitlement you deserve.
If you still have questions on what next steps you have to take, it is always best to speak with a personal injury attorney in your area today.