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Alaska has the highest incident of industrial accidents in the nation. A good portion of those arise from motor vehicle wrecks. An increasing portion of those are SECOND wrecks. More and more of my clients are getting injured a SECOND time, while recovering from the first wreck. Here’s the law on how they should proceed…

Alaska’s law on SECOND injuries is clear. The plaintiff (that’s you) is responsible to show how the second injury “aggravated” the prior injury – or caused a new injury. This can sometimes be tricky. Fortunately, you only need to “prove” your injuries by a mere preponderance of the evidence – “more likely than not.” Also, with the increased use of solid radiology, particularly MRI’s, we are getting better at “separating” second injuries. Remember, the person who hit you the SECOND time is only responsible for the damage he/she caused to you – not ALL of your injuries.

This is why it’s important to keep solid medical records, particularly if you were hurt in an Alaskan Motor Vehicle Wreck/Accident. Getting early diagnostic X-Rays and MRI’s will go a long way toward establishing your “Base Line” – against which the new X-rays and MRI’s will be compared.

Remember, if you’ve been injured in a car crash, and your doctor suggests an MRI, the correct response is: “Yes, please.” They are painless, quick, relatively inexpensive, and they establish the baseline that will help you if (God forbid) you ever get smeared again.

BOTTOM LINE: Getting smeared in a car crash stinks. Take really good care of yourself when you get hit. Remember, God didn’t intend for us to get run down by 5,000 lb. cars/trucks. So, when you get hurt, GET TO A DOCTOR right away. Don’t wait to see if you’ll hurt later. And, jump at the chance to get an MRI. A picture really is worth a thousand words…

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