A car accident can be traumatic for anyone involved. You may feel stressed out and overwhelmed by all the motions around you. If you are injured, you might need to seek medical help, and the stress of the bills from the hospital can weigh you down. When you’re needing to search for an accident attorney, auto shops to fix your vehicle, and collecting insurance information, it’s easy to forget about yourself and your rights.
When you are in an accident, it’s important to remember that you have rights. It is easy for others to stomp over those rights or try to take them away when you make simple mistakes. Fortunately, there are steps you can follow to help avoid this. In the U.S., 3 to 4 percent of personal injury cases go to trial.
Taking the proper actions from the beginning is essential to ensure your rights are protected when you are in an accident. A personal injury attorney is an excellent first step because you will have a professional on your side that understands how the game works. Still, there are several other things you can do, both on the scene and later, that will make the process go well and allow you to slick protect your rights at the same time.
Seek Medical Treatment
After you are in an accident and injuries occur, you need to seek medical treatment as soon as possible. But, it is often best to have a medical professional check you over anyways, even if you do not think you have an injury. This is not only an important step to help treat the injuries and ensure that you have suffered no serious damage, but it is also a crucial step in cataloging your injuries and starting the paper trail used in providing evidence during the settlement.
As a side note, keep track of all the medical expenses you must pay out of pocket; you can often add these to the total compensation you ask for when you reach negotiations.
Call Law Enforcement
Get the local police on the scene as soon as possible after an accident. Once they are dispatched, officers and emergency health technicians will arrive on the scene and begin documenting, securing, and investigating the scene.
The police will also write and file an official report; this will be useful during your case. Your personal injury attorney will need to look over this document and can use it as a piece of evidence if necessary.
Speak to the Other Party
As part of the process of protecting your rights after a car accident, you need to speak with the other person (or people) involved in the accident. Ensure you get their information, including name, contact information, and anything about their insurance company so that you can call on them later.
This is crucial information to make sure that you can provide the necessary details when filing your claim. Your personal injury attorney will ask for these facts, so take the time to collect them when the accident is done as soon as possible.
Gather the Evidence
The more evidence you can gather after the accident, the easier it is for you to win your case and get the compensation you desire. If you can move around and be active after seeking medical attention, take the time to gather the necessary evidence skin care.
This means you should take as many pictures and videos as possible of the accident scene, any visible injuries, and any property damage in the area. This is an excellent way to show what happened, rather than using the “their word against mine” defense during a potential trial. It also provides more context to what occurred and can make your claim stronger label.
Get Eye Witness Statements
Were there other people in the area when the accident happened? If so, you should see if there was anyone else around that might have witnessed what took place on the so scene. Ask these bystanders for their account of the accident and see if they are willing to be a witness for the trial.
You should ask for their name and contact information at the bare minimum; your personal injury attorney will be able to go through the information and set up interviews with each one. These witnesses can help strengthen your personal injury case as they can reinforce your side of the story for use during settlement or even if you go to trial.
Talk to a Personal Injury Attorney
It is not a good idea to represent yourself when it comes to a personal injury. Some plaintiffs decide to do this and assume that things will go well for them, but this is not going to protect their rights. The other side will likely have their own lawyer, so you should bring someone who can also represent you.
Even if the insurance company asks you to work independently and provides a reasonable offer, you need to work with an attorney to ensure you get the compensation you deserve.
Filing a personal injury claim and going through the whole process, whether you only go through settlement or make it all the way through tree top trials, can be long and overwhelming. The right personal injury attorney will be able to step up and ensure you get the compensation you desire.
Some of the damages they can help you with when seeking fair compensation include:
- Medical Expenses: This covers costs incurred for medical treatment related to the injury. It includes past, present, and future medical expenses such as emergency room visits, hospital care, surgery, medication, physical therapy, psychotherapy, and any ongoing healthcare needs. Compensation aims to cover all expenses that arise as a direct result of the injury.
- Lost Earning Potential: If an injury affects your ability to earn money in the future, you can claim for lost earning potential. This is calculated based on your current earnings and the expected future earnings had the injury not occurred.
- Lost Wages: This refers to the income you have lost due to the injury during your recovery period. It includes salaries, wages, bonuses, and other earnings that you would have received if you had not been incapacitated.
- Property Damage: This commonly includes vehicles in automotive accidents, but it can also cover clothing, electronics, and other personal items.
- Pain and Suffering: Calculating pain and suffering often involves complex considerations, including the severity and permanence of the injury, as well as the impact on quality of life.
- Wrongful Death: In cases where an injury results in death, the family can file for wrongful death damages. These include not only medical costs incurred prior to death and funeral expenses but also the loss of financial support, companionship, and emotional support the deceased would have provided to their family members.
It is much better to go through the personal injury claims process with the help of a qualified personal injury lawyer. They can answer your questions, handle all of your negotiations, and ensure that your rights are protected and that you get the compensation you deserve after a personal injury.
When looking for experts in personal injury cases, choose one with years of experience handling car accident cases in your area. In that way, you can benefit greatly from the professional’s expertise and connections. Research client testimonials and bar associations. Moreover, attend a free consultation to evaluate their compatibility and comfort level with you. Ensure they have a reliable team.
The Bottom Line
After you suffer a personal injury, it is normal to feel overwhelmed and like you don’t know how to handle the process. Many victims will just take the money from the insurance company (if they are lucky enough to get that far) and assume that is the best they can do. But you have rights after a personal injury, and filing the claim correctly will help to get that done. By following some of the steps above, you can get through the personal injury claim while ensuring your rights are protected.
