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Hidden Factors

By David Day

It sometimes happens that not all the injuries resulting from an accident are readily apparent. Hidden injuries may not manifest themselves until weeks or months later. In the meantime, if a plaintiff settles the claim and signs a "General Release" form or some other document that releases all claims, he or she may give up the right to make additional claims when these hidden injuries make themselves known. This "General Release" form releases the party found to be at fault (along with their insurance company) from any future claims arising out of the accident. With this in mind, people injured by accident should work closely with their physicians to be sure that they are aware of the full extent of their injuries. Further consultation with an attorney can assure that the timing of a claim takes into account medical reality as well as legal restrictions.
In my experience, the possibility of hidden injury underscores the need to fill out accident reports even when no injury seems to have been sustained, and if there are any physical problems or complaints following an accident–even if at the time the pain or problems seem minor–an examination by a physician may eliminate problems or concerns further down the road.