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The law provides injured people with VALUABLE RIGHTS. Those rights can be lost by guessing about the value of your case or by delay. Important evidence can be altered, destroyed or lost. Witnesses can forget or be lost. The statute of limitations can expire! All of these can cost you thousands of dollars. There are many factors to be weighed in determining whether you have a case. The best way to determine quickly if your case is solid is to call and obtain a free consultation. |
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If you have been the victim of a traffic accident (or any other type of accident) you have certain rights which are guaranteed by law. Basically you have a right to be put back in the same condition that you were in before the accident occurred. This includes your physical, mental, and economic well-being, as well as the restoration of your automobile and any other personal property damaged by the negligence of others. To be more specific, you are entitled to:
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There are many elements that go into processing a successful accident claim such as investigation, medical management, discovery, valuation, negotiation, settlement and (if necessary) litigation. An experienced personal injury law firm will give you a free, no-obligation initial consultation to discuss and evaluate your accident case. They can also assist you in obtaining a rental car and starting the often tedious property damage claim Of great importance is the role the lawyer plays in assisting you to determine which medical professionals can best diagnose, treat, and heal your injuries (and in many cases wait to be paid for their services out of the proceeds of your settlement). Finally, and most importantly, an experienced personal injury lawyer will be able to fully value the damages you incurred and will successfully and aggressively negotiate a maximum settlement for you.Think about itinsurance companies employ thousands of adjusters and lawyers whose single, overriding goal is to pay as little as possible for any claim. When an insurance adjuster offers you an unfair substandard amount for your damages, injuries pain and suffering - and you protest - and they respond with, "Take it or leave it"; what will you do then? You hire a personal injury specialist who knows how much you deserve and has the means and ability to back up the demands! |
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It costs you nothing initially to hire a personal injury lawyer. The lawyer's fee is contingent and is a percentage of the money collected for you payable only when your case is successfully finished. All costs necessary to prove your case and to gain you the biggest settlement possible is advanced by your attorney. These costs also are not payable by you until the case is successfully concluded. |
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| 1 | Stop, identify yourself and help the injured person. Leaving the scene of an accident can turn it into a "Hit-and-Run" with the possibility of criminal charges. Only a medical emergency or threat of imminent bodily harm can excuse your leaving the scene. So stop and within the extent of your knowledge and training render aid. Don't attempt to move anyone who is unconscious or complaining of neck or back pains unless failure to move them will subject them to imminent greater harm (explosion, fire, hit by train...) | |
| 2 | write down the other driver’s name, address, telephone number, driver license and plate number, and get the other driver’s insurance information. Do not engage in casual conversation and do not admit fault or deny injury. | |
| 3 | Obtain names and addresses and phone numbers of all passengers involved in the accident. | |
| 4 | Obtain name, address, and telephone number of any witnesses to your accident. | |
| 5 | Call the police if there are injuries or major damage or if you suspect the other driver is under the influence of drugs or alcohol. Get badge numbers and report number. Tell the basic facts to the police. Do not admit to fault. | |
| 6 | If you are injured, call for an ambulance, and if the paramedics recommend taking you to a hospital, follow their advice. | |
| 7 | Do not accept any settlement offered at the scene of the accident and do not agree not to report the event since often the existence or extent of your injuries will not become apparent until after the adrenaline stops flowing. | |
| 8 | Do not sign any liability waivers or assurance that you are not injured. Consider seeing a physician. If you need a medical referral call your attorney. Follow through diligently with your medical care until released by your doctor | |
| 9 | Write down time and place of accident, weather and road conditions (dry or wet, dark or light), speed of both cars, any evidence of a law violation (wearing seatbelt? Under influence?) | |
| 10 | Make as accurate a diagram as possible of the scene of the accident including precise place of the cars. | |
| 11 | Try to have pictures taken of the accident scene, your property damage, and any injuries to your body. Keep all records, receipts and bills regarding your accident. | |
| 12 | Your own or the opposing party's insurer may demand that you be examined by their doctors or specialists and you are under a duty to comply but do not use an insurance company recommended doctor as your primary care giver. | |
| 13 | File form SR-1 for you at the Department of Motor Vehicles. It is your responsibility to be sure that it is filed. Failure to do so can cost you your Driving License. | |
| 14 | See a personal injury lawyer before signing any
documents or giving any statements to any insurance company. Helpful Tip:Always keep paper and pen in the car. Cell phone and camera are great help too. | |
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DO NOT give any statements or discuss your case with anyone other than
your legal representative. |
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| Each year, in theUnited States, more than twenty million
people are involved in automobile accidents. Many of them are excellent
drivers, many are totally without fault in causing their accidents and
many are uninsured. Don't you be one of these latter.If
you don't carry the statutory minimum liability insurance on your vehicle
and are involved in an automobile accident in
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| A | You can be hit with a $1,300+ fine. Driving without insurance is a crime in California. | |
| B | Your license and vehicle registration. You must show
proof of insurance to register a vehicle in
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| C | If you are injured but don't have the statutory minimum liability insurance on your own vehicle then you are precluded from collecting damages for pain and suffering from the other party's insurer. | |
| D | If you are injured by an indigent driver, one with neither sufficient insurance nor accessible assets and you do not carry adequate Uninsured Motorists Coverage on your vehicle, then you may bear potentially catastrophic losses without any source of insurance recovery. | |
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| Writing down the details is far easier and more accurate than relying
on your memory. One of the first things you should do after you are
injured is write down everything you can about your accident, including
details of your injuries and their effect on your daily life. These notes
can be very useful two or six or ten months later, when you put together
all the important facts into a final demand for compensation. Having notes
to remind you of the details of what happened, and what you went through,
is both easier and more reliable than counting on your memory. Get into the habit of taking notes on anything you think might possibly affect your claim and carry it through the entire claims process. Whenever you remember something you had not thought of before -- while you're in the shower, just before you fall asleep, as you're biting into a pastry -- write it down and put it with your other notes. Here are some specific things about which you should make notes. | |
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| As soon as your head is clear enough, jot down everything you can remember about how the accident happened, beginning with what you were doing and where you were going, the people you were with, the time and weather. Include every detail of what you saw and heard and felt -- twists, blows and shocks to your body immediately before, during and right after the accident. Also include anything you remember hearing anyone -- a person involved in the accident or a witness -- say about the accident. | |
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| In the first days following your accident, make daily notes of all
pains and discomfort your injuries cause. You may suffer pain, discomfort,
anxiety, loss of sleep or other problems which are not as visible or
serious as another injury but for which you should demand additional
compensation. If you don't make specific note of them immediately, you may
not remember exactly what to include in your demand for settlement weeks
or months later. Also, taking notes will make it easier for you later to
describe to an insurance company how much and what kind of pain and
discomfort you were in.
And writing down your different injuries will help you remember to report them to a doctor or other medical provider when you receive treatment. A relatively small bump on the head or snap of the neck, for example, may not seem worth mentioning, but it might help both the doctor and the insurance company understand why a bad back pain developed two or three days, or several weeks, after the accident. Also, by telling the doctor or other medical provider about all of your injuries, those injuries become part of your medical records that will provide evidence later that such injuries were caused by the accident. | |
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| You may be entitled to compensation for economic loss and for family, social, educational or other losses, as well as for pain and suffering. But you will need good documentation. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries: work hours, job opportunities, meetings, classes, events, family or social gatherings, vacation or anything else which would have benefited you or which you would have enjoyed but were unable to do because of the accident. | |
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| Make written notes of the date, time, people involved and contents of every conversation you have about your accident or your claim. In-person or telephone conversations worth noting may include those with any witness, adjuster or other insurance representative, or with medical personnel. | |
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| Act quickly to protect evidence and
find witnesses who can help you prove your case to an insurance company.
The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened -- and documenting your injuries. You should take the following steps as soon as you are able. | |
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| >If an accident occurred somewhere other than in your home, return
to the scene as soon as possible to locate any evidence and photograph any
conditions you believe may have caused or contributed to the accident. You
may be amazed to find something you were not aware of when the accident
occurred but which may help explain what happened: a worn or torn spot on
which you fell, a traffic light that isn't working. And while looking
around, you may also find someone who saw what happened, or who knows of
other accidents which have happened in the same spot
Take photographs of the accident scene from a number of different angles -- particularly your view of things right before the accident -- to keep a good picture of it in your mind and to give to the insurance company later on to indicate how well prepared you are to get the settlement you deserve. Photograph the scene at the same time of day as your accident occurred, and for vehicle accidents, the same day of the week, to show the appropriate amount of traffic. | |
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| Who was at fault for an accident is sometimes shown by a piece of "physical" evidence -- something you can see or touch, as opposed to a description of what happened. Examples include a broken stair that caused a fall, the dent in a car showing where it was hit or an overhanging branch that blocked visibility on a bike path. Also, physical evidence can help prove the extent of an injury: Damage to the car can demonstrate how hard a collision was, and torn or bloodied clothing can show your physical injuries very dramatically. Try to preserve any physical evidence exactly as it was at the accident. If you can't preserve the actual object, take photographs of it. You can later show your evidence to an insurance company as proof of what happened. | |
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| A witness to an accident can be immensely valuable to you in making
your case to an insurance company. Witnesses may be able to describe
things about an accident that confirm what you believe happened, backing
up your story. And they may provide you with information you were not
aware of but which shows how the other person was at fault. Even a witness
who did not actually see the accident may have seen you soon after you
were injured and can confirm that you were in pain or discomfort. Or, a
witness may have heard a statement made by another person involved in the
accident indicating that someone other than you was at
fault. However, time is of the essence. If witnesses are not contacted and their information confirmed fairly soon after the accident, what they have to say may be lost. People's memories fade quickly, and soon their recollections may become so fuzzy that they are no longer useful. Also, a witness might no longer be around if you wait too long; people move frequently. | |
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| In addition to taking the notes mentioned above, the best ways to preserve evidence of your injuries are by promptly reporting all of them to a doctor or other medical provider, and by photographing any visible marks, cuts, bruises or swelling, including any casts, splints, bandages or other devices. Without an early medical record of all your injuries, and photos if possible, it will be more difficult to later convince an insurance company that you were injured in the ways and to the degree you claim you were. Visible injuries heal and will not look as serious later, and failing to seek immediate treatment can lead an insurance company to believe that your injuries were not so serious, or even that you invented or exaggerated them after the accident. | |