Getting paid after a car accident that was not your fault is a must, as is hiring a top firm to maximize car accident claims. You need a car accident lawyer with an impressive track record of winning jury verdicts and settlements, from a firm with board-certified attorneys offering many years of expertise to guide you through case complexities. Your lawyer can use cutting-edge technology and resources, including state-of-the-art trial and litigation centers, to ensure you have an advantage in the courtroom. If you can find one that operates on a contingency fee basis, you only pay if they win your case, ensuring they are always in your corner.
Every year in the United States, millions of people sustain car accident injuries, making driving one of life’s most perilous activities. Despite caution and defensive driving, an accident remains a real possibility. Following an auto accident, shock, and physical and emotional distress leave victims concerned about looming medical bills and financial setbacks. If you find yourself in this situation, seeking an experienced legal team is paramount to securing the compensation you deserve.
What You Should Do Immediately After a Car Accident
Dealing with a car accident can leave you unsure about pursuing legal action. Your payment depends on numerous factors, many beyond your control. However, your actions immediately after the accident can also impact your personal injury case significantly. You need a lawyer to guide you on what to do and what not to do. Here are some essential tips to help you maximize your compensation:
Stay at the Accident Scene
While wanting to seek immediate medical attention after a car accident is understandable, don’t leave the scene. In many states, you’re legally required to stay at the scene, especially if injuries or fatalities are involved. Fleeing the scene could mean severe legal consequences. If it’s safe to do so, move your vehicle away from oncoming traffic to prevent additional accidents.
Contact Law Enforcement
It's crucial to call the police and file a driver's accident report when you've been injured in an accident, particularly if someone else caused it. This report will help determine the at-fault party. When speaking to the police, don’t admit fault or blame others. Discuss the accident in terms of fact, only.
Document Everything
To build a strong foundation for a successful personal injury claim, it is important to gather as much evidence as you can. The other driver’s insurance company might try to weaken your claim, saying you were partly responsible for the wreck. To bolster your case for compensation, do the following:
- Use your smartphone to document all the incident details while they are still fresh in your mind. Memories can be unreliable, particularly when it comes to specifics, so having these notes will be helpful when reporting the accident. When you can, take pictures of all vehicles involved before they’re moved. Concentrate on capturing the impact points and resulting damage. Be sure to get clear images of the vehicle’s damage before it undergoes repairs. It is also helpful to take photos of license plates in case any drivers leave suddenly. Take many pictures, capturing even the road and its surroundings. Include images of weather conditions or any other factors that might have contributed to the accident. If applicable, take pictures of skid marks or debris left on the pavement and document any other property damage. Get any visible injuries you sustained during the collision and continue to take pictures of them in the following days.
- Collect contact information from the other drivers. Record the names, phone numbers, and other relevant driver and witness information. Document any statements other drivers made admitting fault, and if relevant, gather the contact information of any other admission witnesses.
- If any cameras in the vicinity – such as red light cameras, street cameras, or security cameras – may have recorded the accident, take note. Document their locations in case the insurance company disputes liability.
- Actively gathering this evidence means you can strengthen your personal injury claim significantly. Remember to be thorough when documenting all details to support your compensation case.
- Get treatment for injuries. It’s sometimes hard to think clearly after an accident. Car accident effects can be both immediate and appear later. They impact both physical and emotional well-being. Not enough attention is paid to emotionally distraught accident survivors, but their trauma and struggle is still important. A surge of adrenaline may happen after an accident, masking pain and injuries, and so issues might not be apparent until days or weeks later. Seeking medical attention fast is a must, even if there’s no immediate pain.
In personal injury cases, the injured person bears the burden of proof. Delaying medical treatment can make it difficult to connect injuries and the accident. Failing to seek medical attention quickly can also hurt your chances of getting paid after a car accident, the way you deserve.
When filing a claim with the car insurance company, it's important to approach the situation methodically. Don’t contact the insurance provider first; instead, file a police report, gather all relevant information at the scene and get medical treatment. It's essential to provide a clear and objective accident account. Seeking legal advice before speaking to insurance adjusters is best to be sure your rights are protected.
Document Your Expenses
If you have sustained injuries due to another driver’s negligence, keep meticulous records of your medical bills and other accident-related expenses. A clear understanding of your overall financial losses will enable your attorney to ascertain the rightful payment you deserve. You may be eligible for reimbursement for a variety of medical costs resulting from the accident, including:
- Ambulance from the scene to the hospital
- Emergency room treatment
- Extended hospitalization after surgical procedure
- Ongoing treatment
- Physical therapy or occupational therapy
- Necessary, long-term medical equipment
- Transportation to and from medical appointments
- Necessary home improvements required for mobility
- In-home caregivers helping with post-surgery recovery
- Mental health treatment for accident-related emotional distress
Texas law requires car insurance companies to offer their customers Personal Injury Protection (PIP), also known as no-fault state auto insurance. This type of coverage provides financial assistance for medical bills, lost wages, and other expenses you incur after an accident, regardless of who caused it. However, you do have the option to opt out of PIP coverage, although this decision comes with trade-offs.
While opting out can lead to lower premiums in the short term, it can significantly complicate the claims process for minor injuries sustained in an accident. Without PIP, you'll need to seek compensation from the at-fault driver's insurance company. This can be a lengthy and frustrating process, especially if the other driver disputes fault. You'll also need to prove your injuries and their connection to the accident, which can involve medical records, witness testimonies, and potentially a lawyer.
In contrast, opting into PIP coverage allows you to bypass the complexities of fault and file a claim directly with your own insurance company. This streamlines the process and ensures you receive compensation for covered expenses relatively quickly, regardless of who caused the accident. While you may pay slightly more in premiums for PIP coverage, the peace of mind and convenience it offers can be invaluable, especially if you're involved in a minor collision.
If you opted out of PIP insurance, the at-fault driver’s insurance policy should cover the vehicle repair or replacement costs, as well as the rental car expenses.
After your car accident, a skilled personal injury attorney will recover the compensation you rightfully deserve. Additionally, meticulous expenses documentation will serve as important evidence for your claim, making it stronger and bettering your chances for fair compensation.
When you have a serious injury, it's very normal to miss work, even for long periods, and this can create a significant financial strain. Keeping track of the dates and hours you missed after the accident is important. Proving you’ve had lost income can be challenging, but your attorney can help you obtain compensation for lost earnings and employment benefits.
To find out if you have a case, speak to a lawyer who can help you win. It's important not to communicate with the other party's insurance company on your own. After filing a claim, the other party’s insurance company will investigate and try to put you at fault to limit their losses. If they reach out to you, politely decline and don't discuss the accident or your injuries. If you've hired a personal injury lawyer, inform the insurance representative and ask them not to contact you again, and let your lawyer know.
Hiring a Personal Injury Attorney is the Smart Decision
One of the most common misapprehensions about hiring a car accident attorney is that you will receive less money. This isn’t true. Claims representatives often use various tactics to devalue your claim. Without personal injury attorney representation, insurance adjusters may exploit your lack of legal knowledge. Their objective is to make you think you should accept a quick and inexpensive settlement, encouraging you to agree to payment terms that are not in your best interest.
The best step you can take to strengthen your claim and secure the best possible payment after a car accident is to hire an experienced car accident lawyer.
Stay Away from Social Media
After a car crash, you might feel like sharing your story. However, it's important to understand that posting on platforms like Facebook or Instagram after filing an accident claim could hurt your chances for a fair settlement. The insurance company can use even seemingly unrelated social media posts against you. It may be tough, but it's generally best to take a break from social media altogether until your case is resolved.
Negotiating a Fair Settlement
The temptation to get paid fast after a car accident, particularly if you’re having financial difficulties, can be strong. Insurance companies may take advantage of that desperation, pressuring you to accept less than you deserve.
An experienced personal injury lawyer will recommend patience for the best outcome. Ideally, you should wait for your lawyer to negotiate the right payment that covers all accident-related expenses and maximizes the payment for any pain and suffering.
Your Car Accident Case Value
This is a top question lawyers get from clients. Unfortunately, the answer isn’t simple. Clients usually sign up shortly after the accident and there is no real way to put a dollar amount on the case. During sign up, you may not even know if there is valid insurance to cover the incident. Also, you won’t know the case value until all sustained injuries are evaluated.
Your lawyer must establish liability and whether there’s valid insurance to cover the crash, then start looking at the injuries. Of course, the at-fault party’s insurance should cover all the medical bills. The insurance company must pay those medical bills to compensate the injured party for pain and suffering.
A personal injury attorney will negotiate settlement and get you paid after a car accident as soon as possible. However, your attorney is unlikely to give you a dollar amount or estimate right away. Many things could change and alter your settlement. It’s important to be patient and continue any therapy, and let your lawyer handle your personal injury case.
When You Can’t Reach a Settlement
If, for some reason, you’re not able to reach a settlement after a car accident, talking to the insurance company may get you paid for damages. Though reaching a settlement is likely, there are things that can make it difficult. In these cases, a lawsuit against the at-fault driver and their insurance company might be necessary, even if you try negotiation.
If negotiations fall through, the next step is to file a lawsuit. Even after filing, there you might still reach a settlement before the trial. If the case goes to trial, a personal injury lawyer can advocate for you in the courtroom. After the trial, the court will decide whether the defendant is liable for damages. If the court rules in your favor, they will also award damages.
Find an Experienced Personal Injury Attorney
Dealing with the details after a vehicle accident can be overwhelming, but law firms are here to help you navigate them. Your lawyer understands the far-reaching impact these events can have on your financial future. Don't risk missing out on getting paid after a car accident because you don’t have a qualified, top-rated lawyer by your side. If the insurance companies refuse to offer a fair settlement, rest assured your attorney will take your case to trial.
If you or a loved one has recently been in a car accident and you need to get paid, reach out to trial attorneys and schedule a consultation and case evaluation. The best way to get paid after a car accident is to let a professional personal injury attorney help you deal with insurance companies, settlements or lawsuits.