6 Steps You Should Take Immediately After an Accident
The average American driver can expect to get involved in some form of car accident one time every six years. Although many car accidents turn out to be minor fender benders, some vehicle collisions result in substantial property damage and significant injuries to one or more drivers and passengers. The best mindset for how to react after a car accident is to already know what to do. For a serious auto crash, leaning on the legal expertise of a car accident attorney makes the difference between receiving just compensation and walking away empty-handed.
Here are the six steps you should take immediately after a car accident.
Think Safety
You can expect a flurry of thoughts to rush through your brain right after a motor vehicle collision. Slow the thoughts down by thinking about safety first. You should find a safe place to move your car if it is capable of moving to another location nearby. Pulling over on a shoulder is a good choice, but if you can find a parking spot on a lot nearby, you enhance your safety by staying away from traffic. Once you get to a safe place, check on all the other drivers and passengers.
Call 911
Calling 911 immediately after a vehicle collision accomplishes two important things. First, a 911 call activates the emergency response system, which includes medical personnel that can treat victims who sustained serious injuries such as fractures and lacerations. Second, the responding law enforcement agency clears the scene of vehicles to prevent another accident from occurring. Law enforcement personnel also conduct a thorough investigation of the accident scene.
Receive Medical Care
Receiving a diagnosis and getting treated for any injuries is critical for you to file a successful insurance claim, as well as a civil lawsuit that seeks monetary damages if you have a strong enough case. If you wait too long to receive medical care, the insurance adjuster reviewing your claim might deny it on the grounds that you did not sustain serious enough injuries to warrant receiving compensation. You might be able to receive initial treatment at the scene of the car accident.
Gather Evidence
Although the law enforcement agency responding to the vehicle collision collects evidence, you also should collect evidence to give your car accident attorney a head start on conducting a separate investigation. Simply taking photographs of the accident scene by using a Smartphone can help your car accident attorney put the pieces of the investigative puzzle together. Obtain the names and contact information of every witness for your car accident attorney to interview as soon as possible.
Contact a Car Accident Attorney
If you have a car accident attorney on retainer or know of a lawyer who specializes in handling personal injury cases, the first call you make should be to your legal counsel. Schedule a free case evaluation to determine the best course of action. Your car accident attorney reviews the official police report and all the physical evidence, as well as interviews witnesses. If you do not have access to a car accident attorney, conduct a little online research to find one practicing in your area and then schedule a free case evaluation.
Work on Receiving Just Compensation
Meeting with a lawyer is the key to starting the process of receiving just compensation for your financial losses. Do not contact your insurance company until after you meet with a car accident attorney. Your lawyer helps you submit the proper documents, as well as helps you develop a persuasive claim. If the other party committed one or more acts of negligence that caused the auto crash, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.
5 Excellent Reasons to Consult A Leading Car Accident Attorney
Be prepared.
It is a short motto that has relevance for a wide variety of reasons during our lifetimes. Being prepared has special relevance when it comes to car accidents, as the average person gets into four accidents during a lifetime. Preparation involves knowing the steps to take after a vehicle collision, which include calling 911, receiving medical care, obtaining the contact info of witnesses, and getting in touch with an experienced car accident attorney.
An experienced car accident lawyer should offer a free consultation to determine how to proceed with your case. Although a free case evaluation is a strong motivator to take action, what other reasons should motivate you to contact a personal injury lawyer who specializes in handling auto crash cases?
Let’s review five excellent reasons to consult a leading car accident attorney.
Conduct a Detailed Investigation
The best personal injury attorneys who specialize in car accident cases conduct detailed investigations that start with gathering and examining physical evidence. Photographs of the accident scene can help your attorney determine what caused the collision, as well as whether another party committed one or more acts of negligence. Photographs of the damage done to your vehicle can provide compelling physical evidence. Your lawyer also interviews witnesses who can describe what transpired before, during, and after the collision.
File an Insurance Claim
Filing an insurance claim is a straightforward process, but just one mistake can turn a claim that should be approved into a claim that comes back denied. An experienced car accident attorney ensures you fill out every box on the claim form with accurate information. Your lawyer also monitors the status of your claim to make sure it receives a review in a timely manner. If the insurance adjuster processing your claim denies it, an experienced vehicle collision lawyer helps you file an appeal
File a Lawsuit before the Deadline
Every state has established a deadline for filing a personal injury lawsuit, with most states setting the statute of limitations between two and four years. Working with a car accident attorney ensures you file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations. If you fail to file a civil lawsuit before the expiration of the statute of limitations, the court clerk processing your case has the power to remove it from the judicial docket.
Represent You During Litigation
If you represent yourself during a civil trial, the odds of you winning the case substantially fall. A car accident lawyer understands the importance of presenting persuasive physical evidence during the discovery phase, which is the step when both sides share information to determine whether they can avoid a costly and time-consuming trial. Hiring an experienced auto crash attorney helps you present convincing legal arguments to counter the legal arguments presented by the legal team representing the defendant.
Negotiate a Settlement
Negotiating a favorable settlement can end the litigation process long before it ends when a judge or jury issues a decision. Your car accident attorney offers a reasonable value for compensation, which the other party either accepts or rejects. If the other party rejects the initial offer for compensation, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the case to the trial phase of the litigation process. Negotiating a settlement also comes in handy when you file an insurance claim.
How to Select the Right Car Accident Attorney For Your Case
Staying composed after getting involved in a motor vehicle collision can be difficult to do. However, you should focus on staying calm and following a series of steps that eventually determine whether you receive just compensation for any injuries and property damage. One of the most important steps arrives near the end of the process, which is to contact a car accident attorney. The question for you is how to select the right car accident attorney for your case.
Several factors should play a role in helping you to choose the right car accident lawyer.
Experience
An experienced car accident attorney knows how to help you submit the most persuasive auto insurance claim. The claim process requires you to submit compelling physical evidence, along with the statements presented by witnesses. Experience also comes in handy for a car accident lawyer if the insurance adjuster reviewing your claim agrees to try and negotiate a settlement. If your case goes to trial, hiring an experienced car accident attorney can be the difference between winning your case and walking out of the courtroom empty-handed.
Make sure you do not measure experience strictly on years of practice. An experienced car accident attorney also should be able to present a proven record of success.
Offers a Free Consultation
An attorney who offers a free consultation provides you with the opportunity to discuss your case, as well as devise a winning strategy for filing an insurance claim. During a free consultation, a car accident lawyer should review the evidence, especially the official report filed by the responding law enforcement agency. You present witness accounts, as well as copies of your medical bills and property repair receipts, such as the receipt for auto repair work
Represents You From Start to Finish
Some attorneys meet with clients for a free consultation, only to disappear for the remainder of a case. You want the experienced attorney sitting across from you during a free consultation to represent you during every phase of the litigation and insurance claim process. You should ask at the start of a free consultation whether the lawyer sitting across from you expects to represent you the entire time. You should consider it a deal breaker if the lawyer states that another attorney will take over the case at some point.
Gets Paid by a Contingency Fee
You want the car accident attorney hired to represent you to be financially motivated. This means you should pay the lawyer on a contingency fee basis, which means your attorney gets paid when you get paid. The lawyer charges a percentage of the money that you receive from an insurance claim and/or the result of a favorable ruling during a civil lawsuit. Attorneys who charge by the hour are less motivated to push a case to the finish line.
Strong Communication Skills
Car accident attorneys work several cases at the same time. This means the lawyer that you hire might not be available when you call or send a text message. However, you should expect a prompt response every time you have a question or want to learn about the status of your case. The car accident attorney that you hire should respond to any form of communication no later than during the morning after the day when you left a message. A car accident case is stressful enough without having to deal with a lawyer who is a poor communicator.
Online Reviews
Client reviews left on sites such as Yelp and Google should indicate the skill level of a car accident attorney. You should refer to client reviews as the last factor for choosing the right car accident lawyer. Moreover, you should consider a car accident attorney who has received many positive reviews. You also can check an attorney’s Better Business Bureau (BBB) page.
A Car Accident Attorney Can Help You Win Your Insurance Claims
According to several studies, an average of more than 12 million car accidents occur each year in the United States, with nearly one-third of the crashes causing some type of vehicle damage. With around 42,000 motor auto accident fatalities every year, the typical motorist in the United States can expect to get involved in a motor vehicle collision once every six years. If you get involved in a car accident, you should follow a series of steps that include contacting a car accident attorney. A personal injury lawyer who specializes in handling car accident cases provides several legal services to help you recover financially from an auto crash. Most motorists require one type of legal service, which is to file a car insurance claim.
Let’s see how a car accident attorney can help you win your insurance claims.
Communicate with the Insurance Adjuster
Insurance adjusters have one primary responsibility: To limit the value of insurance claim payouts. If you do not hire a car accident attorney to help you submit an insurance claim, the adjuster processing your claim is more likely to deny compensation. In addition, your lawyer handles all forms of communication, which allows you to focus on other objectives, such as recovering from your car accident injuries.
Complete the Insurance Claim Form
For the most part, insurance claims are straightforward, legally binding documents. However, just one mistake on an insurance claim might compel the adjuster processing the claim to deny it. Even leaving a space blank is just cause for denial. A car accident attorney walks you through each section of an auto insurance claim form, as well as meticulously reviews the document to ensure there are no errors. In addition, a car accident attorney monitors your claim to keep it moving through the review process.
Collect Physical Evidence
Submitting persuasive physical evidence is the heart of building a successful insurance claim. A car accident attorney collects physical evidence such as photos of the accident scene, as well as footage captured by a traffic and/or security camera. Your lawyer also interviews witnesses to get statements that corroborate your version of events and to support the physical evidence gathered at the scene of the crash. The formal report filed by the responding law enforcement agency also represents a convincing piece of evidence.
Calculate Monetary Damages
Another factor that strengthens your insurance claim involves calculating a reasonable value for compensation. With the help of a car accident attorney, you add up all tangible expenses, which include the value of medical and auto repair bills. Your car accident attorney obtains copies of every medical record to calculate the value of diagnosing, treating, and rehabilitating your injuries. You also might qualify for insurance claim compensation because you suffer from emotional issues such as the development of Post-Traumatic Stress Disorder. (PTSD).
Negotiate a Settlement
A car accident attorney can negotiate a settlement with the insurance adjuster processing your claim. Negotiations start when your car accident attorney submits a value for compensation, which the insurance adjuster either accepts or rejects. If the insurance adjuster rejects the initial offer, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the claim to the appeals stage of the review process. An experienced car accident attorney understands what constitutes a reasonable value for compensation.