Getting into a car accident is emotionally and financially exhausting. The situation becomes even worse when you realize the opposing car driver wasn’t taking the necessary steps for safe driving.
If you’ve suffered a car accident because the other driver was drunk, aggressive, or distracted, you have the right to file a personal injury claim. While some car accidents are minor fender benders, others can take a serious toll on your physical and mental health.
Whatever the severity of your injury might be, there are some steps you need to take to preserve your rights and gain compensation. Let’s break it down.
Stay Calm and Report the Incident
The first thing you need to do is stay calm and get out of your car. Check yourself for injuries and call 911 for help. If possible, move your vehicle to a safe location, away from the traffic.
The next step is reporting the incident. Once law enforcement has arrived on the scene, remember to ask them to draft an incident report. Notifying law enforcement creates a record of your injury and makes the foundation of your case. If you’re incapacitated at the moment, ask your loved one or a witness to call for help.
You should also gather the contact information of relevant parties, such as the other driver. This can help you reach a settlement before taking the legal route.
Seek Medical Attention
When you get into an accident, your body’s flight-or-fight response is activated, which leads to a surge of adrenaline. As a result, you might not feel pain or discomfort. Here’s the bitter truth: Even if you’re feeling fine, there could be underlying issues, such as a concussion or internal bleeding. Therefore, seeking medical attention is of utmost importance.
Other common injuries due to a car accident include:
- Soft tissue damage, such as bruises or lacerations
- Abrasions and cuts
- Fractures
- Neck injuries
- Spinal cord injuries
- Nerve damage
- Chronic pain
- Mobility issues
Go to the nearest emergency room or urgent care for evaluation, diagnosis, and medication. The more time that passes between your injury and you seeking medical attention, the harder it will be to prove negligence.
Make sure all injuries are documented. Keep your prescriptions and bill invoices safe. Continue with your medication, physical therapy, or other diagnostic tests the doctor has recommended.
You should keep a record of all injuries and symptoms and how they’ve affected your daily life since the accident. This will help you seek non-economic damages and explain the full extent of your injuries.
Gather Evidence
Gathering evidence can help your lawyer navigate the process and assess the strengths and weaknesses of your case. Here’s what you need to do:
- Photograph the area. Take clear photos of the exact location of the accident and your car. If possible, take pictures of your injury as well.
- Take videos of the scene. This will help add context to your pictures and help catch the witnesses’ reactions.
- Note details. Record any details of the location, such as the name of the street or nearest landmarks.
- Check for security cameras. If surveillance cameras are present, keep a note of where they’re located or simply take a picture. You can ask local authorities for the footage later on.
All of these efforts will help preserve the scene of the accident. The other driver might try to hide evidence or get their car fixed quickly. Therefore, it is important to document the details of the accident.
Consider talking to the witnesses and taking their contact information. You can later ask them for written statements and build a strong case against the negligent party.
Avoid Admitting Fault
After suffering from a car accident, it is natural to feel guilty or uncertain about what caused it. You might consider yourself to be at fault and want to leave the location. However, it is critical that you avoid making any statements regarding fault at the scene.
In most U.S. states, car drivers have a duty of care by complying with traffic rules and ensuring safe conditions for both drivers and pedestrians. A car accident case depends directly upon proving the negligence of the defendant. By admitting fault, you will be weakening your case and decreasing the chances of getting fair compensation.
Hire a Personal Injury Lawyer
Car accident cases and other personal injury cases are complex. Understanding legal jargon and dealing with insurance adjusters while recovering from a traumatic event can be challenging. A competent personal injury lawyer specializing in car accident cases will help you make the right decisions.
Personal injury lawyers know the ins and outs of such cases and have in-depth knowledge of the techniques used by insurance agents. They can collect evidence on your behalf, prepare your case, and help you seek damages. An accident lawyer can help you recover not only medical bills but vehicle repair costs as well.
Take special consideration when hiring a personal injury lawyer. Here are some tips you can follow:
- Ask your friends or family for referrals.
- Assess the experience of a lawyer in car accident cases.
- Check the success rate of the lawyer.
- Check online reviews and ratings.
- Analyze the lawyer’s communication style and see if it matches yours.
- Consider their trial and litigation experience.
Having a competent accident lawyer by your side will also ensure peace of mind and allow you to heal and get back to daily activities.
Avoid Sharing Details of Your Injuries
One of the biggest mistakes people make after suffering from a car accident is sharing too much with insurance adjusters. Remember that an insurance adjuster is hired to convince you to settle for a lower compensation amount. They use various tactics to put the blame on your shoulders or at least fight for comparative negligence.
Therefore, it is important to talk to your personal injury lawyer before talking to any third parties. They will guide you regarding the strategy and help you avoid costly mistakes.
Assess Damages
Before filing a lawsuit, you need to determine the extent of your damages and how much compensation you’re seeking. Economic damages include:
- Medical bills
- Loss of wage
- Loss of earning capacity
Whereas non-economic damages include:
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
A personal injury lawyer will analyze how the accident has affected your life to determine the worth of your claim.
Remember that being in a car accident is not the end of the road. With timely treatment and fair compensation, you can get back on your feet and resume daily activities.