Being involved in an accident of any kind can be an overwhelming process to go through. Along with dealing with injuries, there may also be property damage. Suddenly, you have medical bills, and you may even be missing out on work as a result—now, you’re losing income you depend on.
Ensuring you receive full compensation for your personal injury claim can be a complex process. You don’t want to try to navigate the ins and outs of a personal injury claim on your own. So, how do you ensure your case is settled successfully? Here are some tips to help you win your personal injury case.
After An Accident Guidelines
You’re probably feeling a little confused immediately after an accident. Don’t worry, this is normal. Give yourself a few minutes to get your bearings. Next, check yourself for any injuries. Hopefully, your injuries aren’t severe.
Report the Accident
State laws differ when it comes to reporting accidents, and the type of accident also determines the legal reporting requirements. For example, almost all boating accidents must be reported within 30 days of the incident date, although this can also vary depending on the state and severity of the damage and injuries.
When it comes to car accidents, you and the other involved driver can agree to skip reporting the accident to the authorities. In most states, this is legal as long as the damage doesn’t exceed $1,000 and there aren’t any serious injuries. However, it’s always best to report any accident within a few days.
Reporting the accident to the authorities ensures there’s a record of the incident, and you’re going to need it because your insurance company will request an accident report before processing your claim. If you file a personal injury claim, a report will be necessary. You can expect your attorney and the defense lawyer to both request a copy.
Collect Evidence and Contact Information
If you’re able, meaning your injuries aren’t too severe, start documenting the accident scene. Take pictures of the area, along with the involved vehicles, and make sure to focus on the damage.
Are there any witnesses? If so, get their contact information, but don’t worry about having to get any statements. Instead, leave this to the authorities and your attorney to take care of. As long as you have the contact info, your attorney can easily take their statements.
Don’t forget to exchange contact and insurance information with the involved driver(s), since this is something your insurance adjuster will want, along with your attorney. Yes, this information will be available in your police report, but it can take a week or longer before you can purchase a copy. You should expect to pay a small fee, usually less than $10, for your accident report.
Contact an Attorney
The best and most effective way to ensure you receive full compensation for your injuries is by contacting a personal injury attorney. After alerting the authorities, your second call should be to an attorney—make sure you do this before contacting your insurance provider.
There are a few reasons why you want to talk to an attorney before reaching out to the insurance company. Your attorney has one goal: to protect your legal rights, ensuring you are fairly compensated for any damages.
Your attorney can also handle the negotiations with the insurance adjuster. Attorneys are familiar with common insurance company tactics that often include presenting you with a low offer, and they can often successfully negotiate a fair settlement that everyone can agree on.
What you don’t want to do is accept an offer from the insurance company without discussing your case with a lawyer. Once you accept an offer, your case is closed, which means you can’t go back and file a claim for additional damages.
Calculate Your Damages
Your attorney will help with this step, but there’s no reason why you can’t get started calculating your damages. What are your damages? This can be any economic and non-economic losses you suffered as a result of the accident.
Some common examples of economic damages can include:
- Medical expenses, including those associated with long-term care
- Lost wages, both present and your future earning potential. You can only claim future earnings if your injuries are severe enough to prevent you from returning to work, either at your old position or a new one with less pay.
- Expenses associated with property damage. For example, the costs of repairing or replacing your vehicle.
Non-economic damages can include the following:
- Pain and suffering as a result of your injuries sustained in the accident
- Emotional suffering/distress
- Loss of quality of life
Calculating non-economic damages can be tricky since they’re less tangible, but your attorney can help.
The Next Steps
Okay, you have your police report, documented the accident scene, and calculated your damages, so what’s next? This is when your personal injury attorney gets to work.
The process starts with negotiations between you and the insurance company. During this process, be prepared for a low-ball offer; this is standard and to be expected. Don’t accept the first offer, let your attorney handle the negotiations.
There’ll be some back and forth between the involved parties. Hopefully, you’ll be able to reach an agreement. If not, it’s time to head to court, which is the next step in the claims process. Your attorney will take care of filing the paperwork before the court sends you back to mediation.
Mediation is the same as the negotiation process. The main difference is the defendant’s insurance company may be more willing to reach an agreement with you. If you still can’t reach an agreement, your case goes to trial—but hopefully, you can avoid this step.
Not only can it be a lengthy process, but it also increases your attorney fees, which means you’ll receive less out of your settlement. Your attorney will deduct their fees and court costs from your settlement.
Ensure You Receive Full Compensation for Your Injuries
The best way to ensure you are fully compensated for your injuries and property damage stemming from an accident is to work with a personal injury attorney.
Don’t take on the insurance companies or court process on your own. Your attorney will work diligently to ensure you receive full compensation.
