Sustaining an injury in an accident is a jarring and distressing experience, and afterward, you will have to deal with medical challenges and a legal process simultaneously. There is only so much you can do when you suffer an injury as you handle challenges on all sides. While addressing your physical injuries, you should also initiate the legal process because you can receive substantial financial compensation.
Your actions matter in several respects after you have suffered an injury in an accident. First, your vigilance about your health makes a difference in whether and when you can recover from your injuries. Second, what you do during the legal process can determine if you can receive compensation and how much money you can get. Regarding the latter, you should turn to an experienced personal injury attorney to spearhead your case and stand up for your legal rights.
The first step that you can take toward hiring a personal injury lawyer is to schedule a free initial consultation. Personal injury attorneys make it easy for you to speak with them. A lawyer can talk to you over the phone or via video call, or they can even come to you where you are. They will learn more about your case and give you initial advice on how you may proceed with the legal process.
At that point, you will not owe your personal injury lawyer anything for their time and services. You only have to pay them from the proceeds of your case should you receive a settlement or jury award. The law makes it easy for you to get the legal help you need after an accident, and you should take advantage of this opportunity.
In the meantime, here are the steps to take after you have suffered an injury in an accident.
Make Sure There Is an Accident Report
Right after the accident, you should have called a police officer to investigate the accident scene. In every state, there is a requirement to report certain car accidents to law enforcement. For any injury you have suffered, you need to have an accident report to document what happened. Even if the police officer did not determine who was to blame for the accident, you still must have proof showing that there was a mishap.
The accident report can help when you file a claim with the insurance company. If the police officer made any conclusions about responsibility for the accident, their findings are essential for when the insurance company considers whether to accept liability for your injuries. However, an accident report is not permissible evidence in court because it is hearsay (the police officer did not see the accident, so they are just testifying about what others told them).
See a Doctor to Get Treatment
The only way to know precisely how you have suffered an injury is to see a medical professional to diagnose and treat your condition. You may have gone to the hospital after the accident and received post-accident care. Still, your requirement for medical treatment may last far into the future.
If you did not receive treatment at the hospital after the accident but begin to feel symptoms of an injury, you should make an immediate appointment with a doctor. Your symptoms may indicate a serious injury, and you should proceed directly to an emergency room or urgent care facility.
Accident injuries can grow progressively worse, and your condition may deteriorate if you do not receive prompt medical care. For example, if you have suffered whiplash in a car accident, the early days after the crash are very important. Whether you seek prompt treatment can determine whether and how you can recover from your injuries.
You may even consider making an appointment to see your doctor shortly after your accident, even if you are not sure that you have suffered an injury. Getting medical care is a preventative measure that can reveal injuries you did not know you sustained.
Not only do you need to see a doctor to diagnose your injuries, but you also need to follow all of their recommendations. Both your health and your legal case may depend on it. You must remain vigilant about your health because your long-term recovery is also at stake.
Insurance companies will closely review your medical records to see if you have attended your appointments and filled all your prescriptions. They may try to reduce the money they offer you in a settlement if they believe you failed to mitigate your damages.
Hire a Personal Injury Lawyer
One of the most critical steps that you can take after suffering an injury in an accident is to contact a personal injury lawyer to discuss your case. There is no reason why you should try to proceed with the legal process on your own, especially given the potential stakes for you. An experienced personal injury attorney can mean the difference between receiving compensation for your damages and coming away empty-handed. Even if the insurance company offers you a settlement when representing yourself, you will likely have far less money if you do not have a personal injury lawyer.
Your capacity is already limited after you have suffered an injury in an accident, and oftentimes, tending to your health is a full-time position. The last thing you may have the time or wherewithal to do is handle any details in the legal process. Insurance companies want you to think you can represent yourself because they can get away with paying you far less. They may even try to contact you before you have hired a personal injury attorney and attempt to persuade you to accept a low settlement offer.
When you hire a personal injury attorney for your case, you can step back and let your lawyer do the work. You are still participating in the case because you must make key decisions. Still, you will only do so after you have received professional advice from a personal injury lawyer.
An attorney will begin your case by investigating your accident and obtaining evidence that can prove negligence. Then, they will quantify your damages, both economic and non-economic. Your personal injury lawyer will present your claim to the insurance company, or they will file a lawsuit against the responsible party in court before waging a battle for you to receive full compensation.
Retain Any Evidence and Documentation of Your Injuries
You have the burden of proof to demonstrate two things when seeking compensation for an accident. First, you must show that someone else was negligent and was the cause of your injuries, triggering a legal obligation for them to pay you. Then, you must prove your damages and receive compensation for them.
You may have evidence in your possession from the accident itself. Although it is difficult to gather proof of your own accident from the scene, you may have had the ability to take pictures or collect other physical evidence available to prove your case. Also, remember to write down your recollection of the incident while it is still fresh in your memory, as details can fade over time. It is crucial to save the evidence and give it to your personal injury lawyer as soon as you hire them for your case.
You also must have documentation that can help prove your damages. For example, if you are claiming that you have suffered emotional distress from your accident, you need treatment notes from a mental health provider that prove your condition. When claiming lost earnings, you should have documentation showing what you would have earned from your job. To help establish your pain and suffering damages, keep a log of your daily experiences to record what you have been going through since the accident.
Do Not Speak with the Insurance Company
The party responsible for your accident likely has an insurance policy to cover the damages that they have caused. Thus, you will have to deal with an insurance company. Insurance companies will begin their involvement early in the process to learn what happened and protect themselves to the fullest extent possible. They often know soon after the accident that they have a potential liability and want to minimize it.
Insurance companies may have their adjuster try to talk to you. They assign an adjuster to the case shortly after the accident and even before you file a claim, and it is essential to know that despite a friendly face, an adjuster does not want to do the right thing for you. They are a trained professional whose job is representing their company, which may owe you a lot of money. Therefore, the insurance adjuster may want to get ahead of the curve and see whether they can gain any leverage to use against you in the future.
The insurance adjuster may try to call you shortly after the accident. Under the guise of trying to introduce themselves to you or asking you how you are doing, they may attempt to learn information about the accident or your condition. You can assume that the adjuster is taking notes, and anything they learn from you is fair game for the insurance company to use against you in the future. Therefore, you should not speak with the insurance company after the accident and direct the insurance adjuster to contact your personal injury attorney.
In general, you should be careful about speaking to anyone about your accident. What you say in the public realm may become available to the insurance company. If your case goes to trial, insurance companies may get their hands on your old social media posts through the discovery process and even subpoena deleted posts. If you have said anything about the accident or posted pictures on social media, insurance companies can use your words against you. They will use your own statements when determining liability and use other pictures and things you post to undermine your claims about your health.
Stay Patient for Compensation
The personal injury legal process is often lengthy with many twists and turns, and getting the full compensation you deserve after you have suffered an injury is not easy. The insurance company will rarely offer you everything that it owes right off the bat. You must negotiate and potentially fight to get a full settlement check.
Chances are that you will reject multiple settlement offers before you and the insurance company converge on your figures. You should certainly not accept the first settlement offer that the insurance company makes because it will undoubtedly be much less than the case’s value. You can make your counterproposal, file a lawsuit, and take your case to trial. The threat of litigation is often enough to get insurance companies to budge and raise their offer to a more reasonable level. If you can build a strong legal case with the help of a personal injury attorney, it will strengthen your negotiating position. Over time, you may reach an agreement with the insurance company.
Know that a Personal Injury Lawyer Costs You Nothing Out of Pocket
One key advantage of hiring a personal injury lawyer is that they work on a contingency fee basis, meaning they do not get paid unless they win your case. This arrangement benefits you as the client, ensuring that your attorney will work hard to fight for your rights and maximize your compensation. They only receive payment if they successfully recover a settlement or jury award on your behalf. Then, your attorney will take an agreed-on percentage of your compensation. Your lawyer will work diligently on your case so you can focus on your health and recovery.
Remember, after suffering an injury in an accident, it is crucial to prioritize your health, gather evidence, and seek legal advice. Taking these steps can help ensure you receive the necessary medical treatment, build a strong case, and protect your rights during recovery. You do not have to deal with this challenging time alone – reach out to an attorney who can advocate for your best interests.
