5 Steps to Take After a Car Crash

5 Steps to Take After a Car Accident

New York is a no-fault state, meaning most accident victims will have to file a claim with their own insurance company before taking any further action. However, if you sustained serious or life-altering injuries, you could be entitled to file a personal injury lawsuit. Filing a lawsuit does not always mean taking your case to trial, though negotiating a settlement, let alone obtaining a court-ordered award, usually means coming to court prepared with strong evidence and a compelling set of arguments.

You may need to retain an experienced personal injury lawyer to make the most of your claim, but there are steps you can take right now to start protecting your rights. Some of the most important of these steps include:

1. See the Doctor

You should always see the doctor after being involved in a car crash.

Even if you do not think you have been seriously injured, some physical conditions are not immediately obvious. Traumatic brain injuries and whiplash, for instance, can take hours, days, or even weeks to become noticeable. Going to the hospital can ensure that you receive the right diagnosis; it also helps ensure that your injuries have been documented and can be easily traced back to your accident.

2. Protect Your Evidence

Personal injury claims are built on evidence.

Almost any evidence you have from the scene of the accident could be relevant. This could include, but is not limited to, any of the following:

1. Dashcam footage;
2. Pictures of the damage to your vehicle;
3. Photographs of your physical injuries;
4. The names and contact information of eyewitnesses; and
5. Hospital bills, diagnostic reports, and other documentation of the medical care you received for your accident-related injuries.

If you cannot yet collect or make sense of your evidence, do not worry; your personal injury lawyer will most likely conduct a more thorough investigation, the findings of which we could use to establish the at-fault driver’s liability and better negotiate a settlement.

3. Stay Skeptical of Early Offers

If you have suffered serious injuries and have a strong case, you might hear back from an insurance adjuster much sooner than you expect. However, when it comes to the insurance company, it pays to stay skeptical. After all, an insurance company is a business, and businesses only succeed when they turn a profit. Since paying the maximum amount of compensation on every claim is not profitable, adjusters often resort to tactics designed to minimize their own liability.

These tactics could include:

1. Asking you for a recorded statement, and then using your words against you;
2. Demanding general access to your medical records, hoping to attribute an accident-related injury to a pre-existing condition; and
3. Offering low-ball settlements that might seem attractive on the surface, but do not account for non-medical damages.

 

4. Assess Your Damages

The term “damages” describes the different types of compensation you could obtain through a personal injury lawsuit. Depending on the circumstances of your accident and the severity of your injuries, your damages could include compensation for:

1. Hospital bills;
2. The costs of anticipated care;
3. Physical rehabilitation;
4. Lost income from work;
5. Diminished earning potential;
6. Pain and suffering;
7. Loss of enjoyment;
8. Disfigurement; and
9. Wrongful death.

New York does not limit damages in most personal injury claims, but you must act fast to beat the statute of limitations and ensure that key evidence is not lost or misplaced.

5. Talk to a Personal Injury Lawyer

Have you been injured in a car crash? Just Call Jed! at 839-3939 or online at calljed.com.