WHAT TO DO RIGHT AFTER AN ACCIDENT
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1 WHAT TO DO RIGHT AFTER AN ACCIDENT LAW-4030
2 INJURED IN AN ACCIDENT? HERE S WHAT YOU NEED TO KNOW NOW Personal injury law, known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else s act or failure to act. In a successful tort action based on negligence, strict liability, or intentional misconduct, the one who caused the injury or harm compensates the one who suffered the losses LAW-4030
3 For example, when Iris Torres heard that her son Elias s bus was hit by a tractor trailer, it was a mother s worst nightmare. He survived, but was severely injured. Six months of hospital stays and surgeries followed, and his recovery will be ongoing throughout his life. His mother didn t sit back and just react to what happened, she was proactive. She made things happen. After getting advice from someone who had experienced a similar situation, she took her son s future into her own hands and contacted a lawyer. Click here to listen to their full story LAW
4 STEP 1 BE SAFE AND RESPONSIBLE While automotive accidents are the most prevalent type of personal injury case, there are a few critical guidelines you should know before you find yourself in an unexpected situation no matter what kind of accident you ve endured. If you are involved in any type of accident: 1. ARE YOU OKAY? Assess the situation, call 911. Check yourself for obvious injuries. If in a vehicle accident, be sure to check your passengers injuries as well. Put pressure on bleeding wounds until help arrives. Cooperate with fire, police, and emergency medical responders. Do not refuse medical treatment for yourself or your children if you feel fine at the time. If ambulances are not dispatched, follow up as soon as possible with your family doctor. This is critical for several reasons: 1) Safety, safety, and more safety: Not all injuries, such as internal bleeding or concussion, are obvious. Only a doctor can determine whether or not you or your children are injured. 2) Protect your future claim: If you refuse medical treatment, leave the scene of the accident, and then have problems, you are breaking the chain of events you need to observe in order to prove your injuries happened as a result of the accident. Later on, the other side (or even your own insurance company) may claim that you were perfectly fine when you left, so you must have injured yourself sometime after the accident LAW-4030
5 STEP 1 BE SAFE AND RESPONSIBLE 2. ASSESS THE SITUATION Take photos of the scene, both close up and from a distance. Below is an image of a scene that will give you an example to follow when filing your claim. 3. DOCUMENT YOUR FUTURE CLAIM You will need medical records, all bills, and your doctor s recommended course of treatment to prove your claim. Remember Elias Torres and the bus crash? His mother was able to document over six months of hospital bills, surgeries, and therapy to support her son s successful claim LAW
6 STEP 2 BE AWARE If you are not injured or are cleared by medical personnel, look around the accident scene and document what happened. Don t trust or expect the police or firemen to get all the information. They have their own jobs to do and protecting your claim isn t one of them. It s time to be proactive. Use your cell phone camera to get photos (and even video) of the scene. Things to look out for are positions of the vehicles and the location of the damage on the vehicles. Here are some DOs and DON Ts for you to consider: Did any of your car s airbags engage? DO get a photo of that. Are there skid marks? DO get a photo of them if you can do it safely. If other people are injured, exercise some empathy and DON T take their picture. Is there damage to property other than the vehicles such as landscaping, road barriers, or poles? DO get a photo of that. If there are others involved in the accident, be sure to exchange names and contact information. If in an automobile accident, don t forget to exchange insurance information with the other drivers as well. However, no matter what type of accident, it s highly advised to not casually chat about the incident LAW-4030
7 STEP 2 BE AWARE DO NOT ADMIT FAULT. This is something you need to think about now while you re calm and not during the adrenalin rush brought on by an accident. Even if you think or believe you caused the accident, this is not the time to say something like, I can t believe I hit you! Are you okay? Are there witnesses? Ask for their names and contact information. Ask questions about what they saw while it is fresh in their mind. However, do not offer any information. This is not a social visit. Cooperate with the police, but keep to the facts and do not volunteer information beyond the basic questions. The police have one goal and it s not to help you with your claim. Their goal is to get to the bottom of the accident and close the file. You have a legal obligation to give correct identity and contact information. If involved in an automobile accident, you re also required to produce your license, registration, and insurance documents. However, do not sign a waiver of your Miranda rights if asked. If you feel the police are going beyond the basic facts of the accident, then you have the right to have an attorney present for questioning LAW
8 STEP 3 BE ORGANIZED This step is the most critical and can also be the hardest. Once the accident is cleared, your records are the only thing you will have to show what happened and to support your claim. Organize your photos. Phones and cameras die, get lost, or break. Download and preserve your photos, then date and label them. While it is still fresh in your mind, identify what is in each photo and do it in a way that will be clear months from now. Consider the following example: 1) WRONG: This is the other guy s car next to the pole. 2) RIGHT: This is Joe Smith s car. It is facing east on Elm Street and has not been moved. The damage shown is on the left front quarter panel. Keep a journal. This should be a running chronological record of what you did after the incident. Start with your memories of the accident and those of anyone else who was involved. Things to note: 1) Document every medical visit connected with the accident. Also note tests, prescriptions, hospital stays, doctor s notes for missed school or work days, and any referrals. Record everything having to do with the medical care of everyone involved in the accident. Don t trust that you ll be able to find the photocopy of the fax your doctor sent to your employer at a later date. 2) If in a car or motorcycle accident, write down every garage, supplier, or dealership you took your vehicle to for inspection, estimates, and repairs. 3) Don t forget to note all missed time from work and school. Note sick leave or vacation days you had to use to avoid being fired or having your wages docked LAW-4030
9 STEP 3 BE ORGANIZED 4) Keep records of all non-medical expenses related to the accident. Did you have to rent a car? Was anything destroyed in the accident? Have you had to buy special equipment or modify your home for someone who was injured in the accident? Don t assume you ll remember how much you spent at Home Depot a year from now. 5) Record all contact with your insurance companies. Write down every phone call, every time you were put on hold, and every time you talked to someone in customer service. Keep your receipts and your reports. These are documents that back up what is in your journal. If you recorded that you visited the doctor on May 25th and had a $25 copay, you should have the receipt from your doctor or the cancelled check in this file. For a minor accident, this can be a binder or file folder. For a severe injury (remember the Torres family?) this may require a file cabinet. Ask for copies of the official reports written by police and fire departments. Depending on where the accident happened, state law enforcement may be involved. Be polite and persistent LAW
10 STEP 4 BE WARY After you re on the road to recovery, you may find yourself being pressured into settling and closing out your claims. Now is the time to be wary and remember the following: You are not obligated to speak with any attorney other than your own. If you re contacted by lawyers working for the insurance company or other people involved in the accident, you do not have to talk to them. They are not your friends or your advocates. Their goal is to settle the claims as quickly and cheaply as possible. You do not have to sign anything concerning the accident that you receive from an attorney, an insurance company, or the other party without the chance to privately read and review the documents. If they won t give you copies or insist you sign right then and there, this is a huge red flag and you should refuse. In general, be careful and discreet when talking about the accident. Once your words are out you can t take them back, and you don t want anything you might have said offhand or as a joke coming back to haunt you LAW-4030
11 STEP 4 BE WARY This goes double for social media and other forms of electronic communication. Facebook, Twitter, text messages, and s are not the place to be chatting about your accident and claims. Do you really want a jury to hear about a Facebook post where you were bragging about your insurance payday? If the other party tries to engage you, resist the urge and take a step back. If you find out they re running their virtual mouth on social media, simply document it and do not engage. Think before you act. If someone forwards you a Facebook post or tweet joking about the accident and their payday, is it better to: A) get online and argue with him? B) print it out and give it to your lawyer? You already know the answer to that LAW
12 STEP 5 BE TIMELY As you recover from an accident, it s important to be aware that your claim has a shelf life. Each state has a statute of limitations which is the length of time you have to file a lawsuit against another party. Once the statute of limitations has passed, you have lost your claim forever. In Pennsylvania, the following statute of limitation restrictions are relevant to an accident: Wrongful Death lawsuits must be filed within two years of the date of the death. Personal Injury lawsuits must be filed within two years of the date of the injury. There are some exceptions, but the two-year rule is the best one to follow SO: You re documenting everything. You re signing nothing. You re acting like a professional. You re not letting the statute of limitations pass. You re done, right? LAW-4030
13 STEP 5 BE TIMELY There is one more thing you need to consider contacting an attorney. There are several advantages to having a skilled personal injury attorney who is experienced in your state. 1) You have enough on your plate dealing with your injuries and property damage. Having a skilled advocate on your side takes the stress off you and lets you concentrate on what is important putting your life back together. 2) The insurance companies, yours and the other party s, work for themselves, not for you. They want your claim settled as quickly and economically as possible. They have lawyers, shouldn t you? 3) Filing a lawsuit is complicated. Not only do you have to contend with the statute of limitations, but your claim must also be presented correctly. Fail to plead your case correctly and claims could be delayed or barred. Your lawyer will make sure it is done right. 4) Proving your case is not simple. The other side will try to say the accident was your fault, that you weren t injured, or that you are lying. Presenting all of the information you ve been journaling and documenting to the court is a one-shot deal. You want a professional on your side to present your claim convincingly and in its best light LAW
14 STEP 5 BE TIMELY 5) Your attorney can assess your case and make sure all of your injuries and damages are brought forth and included in your lawsuit. Situations such as setting up trusts for future medical expenses are complicated and require an attorney to do it correctly. 6) Your attorney may be able to access information closed off to you like detailed police reports, surveillance camera footage, and the other party s and social media content. Your attorney can also handle an independent investigation of the accident. 7) For high-profile cases and severe injuries, your attorney can handle contact with the media and help you preserve your privacy and peace of mind LAW-4030
15 TRUST RESULTS No one wants to think about being injured in an accident. You don t want to think about a fire either, but you still have smoke detectors and an evacuation plan. You don t want to think about getting sick, but you have medical insurance and checkups. Having a legal action plan is just one more way to be proactive about your family s safety and well-being. A key part of that legal action plan is having a trusted attorney at your side with Proven Results for personal injury cases like yours. If you ve been in an accident and would like a free consultation, call Gay Chacker & Mittin at LAW-4030 or click here to set up a free consultation LAW
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