What to do after your car accident or injury.
How to help your personal injury claim.
First, At the scene of the accident:
Get the names of any witnesses.
If there are any witnesses to your accident or injury, get their names, addresses, and phone numbers. This contact information will enable your lawyer to contact them later and use them for witness statements to help prove your case.
Take photographs as soon as possible.
Photograph your injury, any damaged property, the location of the accident, and anything else that might be useful in proving your claim. Such photographs can be extremely beneficial in conveying the extent of your injuries or revealing the cause of the accident or injury.
Document what occurred.
Write down how the accident or injury occurred while your memory is still fresh. Additionally, make detailed timelines of the events occurring before and afterward and document your pain and suffering. However, be sure to address such writings to your attorney so that they will remain privileged and confidential. Also, write down any missed work and lost wages and ask your employer for a verification letter.
Second, When you are hurt:
Seek medical treatment immediately.
Many insurance companies will use the fact that a person waited to get treatment as an indication that they were not really hurt. Many injuries do not manifest themselves until sometime after an accident. Even minor soreness can be an indication of a more serious injury. It is beneficial to seek medical attention as soon as possible. Getting treatment immediately will help us establish the severity of your injuries. We can always provide you with a referral.
Communicate with your medical provider.
The number one thing that insurance companies consider when they evaluate your claim is your medical records. Therefore, it is extremely important that you communicate the full extent of your injuries to your medical provider. At each visit, list all your injuries from head to toe. For example, don’t forget to mention your injured wrist, just because your back hurts more on the day of the appointment. Let your doctor know if your injuries are affecting your ability to work or participate in your normal daily activities. If any of your injuries are not getting better, let your doctor know so that they can have appropriate tests done or refer you to an appropriate specialist. Communicating with your medical providers not only helps document your injury, but it will also help your medical providers treat you and get you better!
Do not create gaps in your medical treatment.
If you stop treatment for a time and then go back, the insurance company will argue that the later treatment is for an unrelated injury, or they will argue that your injury is not very serious. So, make sure to go to all your appointments and receive treatment until you fully recover. If you are not getting better, let your medical provider know so they can refer you to a specialist.
Use your health insurance if you have it.
If you have health insurance, it is usually to your benefit to use it. If your health insurance pays for your medical bills, then more of the compensation we obtain from the insurance company can go to you instead of paying for your medical bills. Some health insurance companies will claim a right to be paid back, but California law limits their ability to do so. However, if you don’t have health insurance, let us know so we can refer you to a medical provider who will treat you on a lien basis.
Third, Communicating about the accident:
Don’t talk to the insurance company or accept any checks.
If an insurance adjuster calls you, tell him you have a lawyer, and that all communication should go through your lawyer. An insurance company may want to take statements from you, which can later be used against you. We will prepare you for and be present at any such recorded statement; so that the truth gets told and you are not misled. Furthermore, don’t accept any checks or other forms of payment from the insurance company for your personal injury. Doing so may prevent you from recovering any additional settlement money.
Keep your lawyer informed.
Keep your lawyer up to date on your treatment status. If you are referred to another doctor, let your lawyer know. This way, records can be requested early so your settlement is not delayed and we won’t miss any important detail relating to your claim. Also, if you have any questions or concerns, let us know immediately so we can answer them or otherwise appropriately assist you. Lastly, tell us if your contact information changes, because there may be times when we need to reach you immediately.
Now you know what to do after your car accident or injury. This information will help you with your personal injury claim.
