CLEVELAND, OHIO. At some time many of us will have the unfortunate experience of being involved in a car accident. If and when that moment comes and you are injured, what you do in the first hours and days after the accident will have a profound impact on whether you obtain fair and reasonable compensation for repair of your vehicle and your injuries. This publication will provide some common sense advice to assure that you are not taken advantage of and to help you protect your rights when you have been injured because of a negligent, careless or drunk driver:
1. REPORT THE ACCIDENT TO THE POLICE. It is important that you document the accident through a police report. A police report will confirm the time, date, and location of the crash as well as the identity of the parties and the insurance companies involved. Since some cities do not make police reports available for several days try to get the identity of the other driver(s) before you leave the scene of the accident. If there are any witnesses get their names and telephone numbers. When talking to the police make sure you give an accurate description of the accident and if you're hurt make sure you tell the police. If possible take pictures of the cars and the accident scene on your cell phone.
2. GET MEDICAL TREATMENT IMMEDIATELY. If your injuries are serious allow the police, fire department or ambulance to transport you to the nearest hospital. If you do not require an ambulance you should seek medical treatment as soon as possible at the emergency room, local medical center or at your family doctor. When talking to the doctor and nurses provide an accurate description of how you were injured in the accident and explain all the injuries you sustained.
3. PRESERVE IMPORTANT EVIDENCE. If you have any visible injuries such as bruises, lacerations, stitches or any other visible evidence of injury photograph them. Also take pictures of your car, the other cars and if possible any other evidence you can photograph such as skid marks and location of debris on the roadway.
3. DO NOT SIGN ANY DOCUMENTS OR ALLOW ANYONE TO RECORD YOU. You have no obligation to provide a written or recorded statement to anyone immediately and you should not do so. You never have an obligation to give a recorded statement to the other driver's insurance company. You may be required to give a recorded statement to your own insurance company but you should not do so without first consulting with an attorney specializing in personal injury litigation.
4. IF YOUR INJURIES PERSIST GET FOLLOW UP MEDICAL CARE. In the unfortunate event that your injuries last more than a few days seek follow up medical care with a doctor. When talking to your doctor or therapists it's important to provide accurate descriptions of your injuries as well as the severity and frequency of your symptoms.
5. CALL A GOOD PERSONAL INJURY LAWYER TO PROTECT YOUR RIGHTS. As soon as the other driver's insurance company is notified of a potential claim its adjusters, attorneys and investigators go to work trying to protect itself and limit your ability to obtain the compensation the law provides for you. Your attorney needs to take certain action immediately in order to preserve your rights. Over time, evidence disappears, memories fade, witnesses move and deadlines expire. An experienced personal injury lawyer will track down the witnesses, preserve all physical evidence and make sure you receive everything the law provides including compensation for property damage, wage loss, medical bills, pain, lost opportunities, rental car, towing, storage etc.
6. FINDING A GOOD PERSONAL INJURY LAWYER. Just like finding a good doctor, plumber or auto mechanic, word of mouth is still one of the best ways to find a good injury lawyer. Your local bar accociation and the internet are also effective. Since more and more of these cases are ending up in court make sure your lawyer has civil trial experience and has the means to fund the up front litigation expenses that will be necessary to properly handle your case. Also, be advised that these cases are usually handled on a 33-40% contingency. Generally you should not need to come up with any up-front money for your lawyer.
No comments:
Post a Comment