Is it too late for you to claim an injury for your car accident case? The general rule is: the longer you wait to seek medical treatment after a car accident, the more difficult it will be to prove your injuries. The rationale for this view is twofold: (1) if you’re really hurt, why didn’t you see a doctor immediately; and (2) how do we know that your injury was caused by the accident since so much time has passed. There are four main reasons why you want to seek medical treatment as soon as possible following a car accident: Document your injury: When presenting to a healthcare provider soon after an accident, they will document your injury with what you tell them; they will perform diagnostic testing such as x-rays, MRI’s, CT scans, or labs; and all this information will be put into your medical records. This will act as objective proof that an injury exists and the likely cause of that injury. Causation: As mentioned above, seeking medical treatment temporally as close to the accident as possible will help to overcome questions of causation in your case. In car accident injury cases, you must prove “negligence.” To prove “negligence,” you must show: (1) “the existence of a legal duty, (2) a breach of that duty, (3) and damages, (4) proximately caused by the breach.” Rodriguez–Escobar v. Goss, 392 S.W.3d 109, 113 (Tex. 2013). This basically means you need to prove that the responsible driver’s carelessness caused your injuries. When you don’t quickly seek medical treatment, insurance adjusters and juries begin to doubt the source of the injury was related to the accident. Mitigate your damages: the law bestows a duty on all aggrieved parties—the duty to mitigate your damages—to avoid making your injuries worse by neglecting your injuries. The responsible party will not be liable for any harm that you caused yourself by avoiding seeking medical attention. Validity: Seeking medical care immediately after an accident bolsters your injury claim and substantiates its validity. In other words, it makes it seem less likely that you may be “faking” it. Of course, there are several reasons people don’t see a doctor immediately following a car accident, all of which are reasonable. You may not immediately feel that you are injured or injured enough to go to the emergency room. You may not have health insurance or any money to pay for healthcare. Indeed, these are all valid reasons. However, it’s best to get advice from a car accident lawyer prior to communicating with the insurance company, especially if you’ve failed to get little or any medical treatment since the accident. We’ve had clients not seek treatment for months after a car accident and still received compensation. But, it will definitely present significant challenges in your case and your compensation will likely be greatly reduced. You can typically justify days or even weeks why you never sought medical treatment after your accident, but months become increasingly more difficult to explain away. Do yourself a favor—if you think you may be injured, seek medical treatment immediately and avoid any problems with your health and your case!Read More
Calm • Dedicated • Persistent.
We understand the ins and outs of personal injury, and our team approaches each client’s case with the same determination to get the best result possible. We’re up front with clients, communication is simple and easy. Each member of our team focuses on what’s best for the client and how we can achieve that result. Through consistent hard-work and outstanding results, we’re able to earn client’s loyalty.
Small Firm Service • Big Results.
We connect with our clients on an individual basis. Each case we take gets the same focus, the same attention to detail, and the same dedication to a successful result. Our team of personal injury lawyers is equipped and qualified to handle a wide variety of injury cases. Finally, we believe that every injury case is important – if you were hurt, we want to help.
Meet the Team
Anthony J. Milano
Milano Legal Group PLLC was founded by Anthony J. Milano. Anthony is a dedicated personal injury attorney that handles auto accidents, truck accidents, motorcycle accidents, pedestrian accidents, wrongful death cases, and other personal injury cases. Anthony provides a hands-on approach to each case that comes through the door and is intimately involved in each and every case, no matter the size or seriousness of injury. From engagement to handling the property damage to settlement or verdict, Anthony personally manages each case to the finish line. Anthony obtained a bachelor’s degree in business economics from the University of Arizona Eller College of Management. He went on to attend South Texas College of Law in Houston, where he received his Doctor of Jurisprudence. Anthony is licensed to practice law in Texas and Florida.
- South Texas College of Law, Doctor of Jurisprudence
- University of Arizona, B.S.B.A. (Business Economics)
Elif Dag-Milano, LL.M.
Elif is an Attorney at Milano Legal Group. Elif provides clients with passionate, results-driven representation in auto accidents, truck accidents, motorcycle accidents, 18-wheeler/commercial vehicle accidents, pedestrian accidents, product defect accidents, slip & falls/premises liability, and wrongful death cases. Elif has extensive experience in dealing with insurance companies and she ensures that her clients gets the maximum recovery arising out of their personal injury and property damage claims. Elif is closely involved in each case from pre-litigation to appeal.
Prior to joining Milano Legal Group, Elif has several years of litigation experience working as an In-House Legal Counsel for the leading consumer electronics retailer in Europe with 65K employees, 22B € in revenue, and operations in 15 countries. She oversaw multinational-national judicial transactions and advised executive managers on legal and strategic solutions to drive business objectives forward through risk mitigation, regulatory, and statutory compliance and process improvements.
- University of Houston Law Center, Master of Laws
- University of Istanbul Faculty of Law, Master of Laws
- South Texas College of Law, Exchange Student
- University of Istanbul Faculty of Law, Bachelor of Laws
- State Bar of Texas
- Istanbul Bar Association
- Union of Turkish Bars
David Wilkison is an Arizona-based attorney specializing in personal injury and criminal defense. David is Of Counsel and supports litigation within the State of Arizona. Mr. Wilkison has years of experience working on high level felony cases. From DUI to First Degree Murder, Mr. Wilkison has dealt with prosecutors and law enforcement to get the best possible outcome for his clients. Mr. Wilkison has litigated criminal matters ranging from misdemeanors to felonies, with the emphasis on each case being client satisfaction. He has represented clients in misdemeanor and superior courts, MVD Executive Hearings, Rule 11 competency hearings, Simpson hearings and appellate courts. He has handled over 1,000 criminal cases and has argued in front of the Arizona Court Appeals for Special Actions. Mr. Wilkison prides himself on being part of the 5% of all attorneys in the nation that take the legal battle to the courtroom and litigate. He is passionate about his career and it shows.
- Phoenix School of Law, Doctor of Jurisprudence
- University of Arizona, Psychology
- State Bar of Arizona