This may or may not be a problem. If the doctor attributed the fractures to the accident in the chart note, that should override the police report.
Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.
You do not need to be concerned about the information on the police report. Officers investigating accidents are primarily trying to decide if anyone should be charged with a crime. Insurance companies look to police reports for the basic facts of an accident but the reports often contain errors and omissions. The police report is hearsay and will not be admitted as evidence at trial. You should speak to a personal injury attorney without delay to discuss your rights arising out of the accident.
This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.
The police officer is not likely a physician. Hire a local personal injury trial lawyer now.
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I suppose you would have a problem if you act in this case without an attorney.
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No, the police report is not conclusive evidence of your injuries. In fact, in your case, it's probably mostly irrelevant for purposes of determining whether you were injured. Your doctor's report is the most important evidence of your injuries. You should obtain and keep a copy of any medical records.
If you want an attorney's help, you should call a personal injury attorney.
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While a certain amount of weight is given to police reports, they are not treated as conclusive evidence. Find an attorney to handle this for you. Police reports are often missing information or contain misinformation. It is also not uncommon for people to think that they are not injured and for it to take a few days for injuries to manifest and be diagnosed. The extent of damages to which you might be entitled will depend on CA law, so I cannot address that.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Your question raises many issues which need additional information to answer fairly. Generally, the basic fact pattern you presented does not raise significant problems.
You should talk with a local attorney who limits their practice to injury law.
No attorney client relationship is created by the above response. The above response if for general information only. Nothing in the responses should be construed as legal advice for any personal injury, workers' compensation, Social Security disability case, or any other type of case. While we provide legal services to those in Oklahoma, nothing can replace actual legal services provided by engaging an attorney.
Hire a local attorney who will easily show through your medical records that your injuries were related to the accident.
Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103 http://www.phillyinjurylawyer.com/
The information in the police report is not likely admissible evidence as both you and the police officer are not medical doctors and cannot diagnose injuries. It is very common for people in motor vehicle collisions to tell the investigating office that s/he is not injured, only to later discover that s/he is, in fact, injured are requires medical treatment.
Nevertheless, you would be well served to contact a CA personal injury attorney without delay.
Your claim is still valid. You always want to memorialize your injuries as
soon as possible after your accident.
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I generally agree with the other responses and wriote only to note that it is quite common for someone "in shock" not to recognize injury while in that condition (the term "shock" is used somewhat loosely in this context and includes someone who has just been involved in a traumatic incident that triggered a release of endorphins and/or enkephalins - chemicals contained in our brains - which occurrence is known to have the potential to mask one's pain symptoms).
The police report will not preclude you from getting compensation for the injuries caused by the collision. Feel free to call me to discuss this matter.
S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
No, the police report is not evidence at all of the injuries you sustained. It is hearsay and more importantly the police officer will not qualify as a medical expert at the time of trial and so his opinion as to whether you did or did not sustain any injuires will not be allowed into evidence upon proper objection. You do need to consult a good personal injury attorney in order to make sure the police report cannot be used against you by the opposing insurance company as they will attempt to do so. Carriers never believe any one is ever hurt and they will try to argue that you sustained those fractures elsewhere as silly as that sounds. You have a claim that has potential value but only an attorney who practices personal injury law will be able to extract that full value from a carrier who want to give you $100 for your "trouble". Don't let that happen to you. Make sure the attorney belongs to one or all of the Plaintiff attorney associations such as CAOC, CAALA, OCTLA or AAJ.
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