Generally speaking, when one is in an accident involving a motor vehicle, there are certain rules of thumb to follow:

·         First and foremost, take care of your injuries.

·         Do not give a recorded or written statement.

·         Take photographs of the property damage. Take photographs at the scene with your cell phone to show the property damage in the street and where the cars end up after the initial impact and collision before you move your car. 

·         Do not sign anything without a lawyer reviewing it first!

·         Do not discuss any matters concerning your injuries with the  insurance company. You are under no obligation to give this information and should discuss nothing but the damage to your car and the need for a rental car or “loss of use” compensation. Remember to be on guard for the clever insurance adjuster who may try to trap you into giving an incomplete statement. Simply do not discuss the accident with the claims adjuster.

Property Damage – The estimate

Avoid bringing your car to the insurance company shop or claims adjuster.  It provides the insurance company an opportunity to take photographs of you and observe you getting in and out of the car which it can use at a later date to argue you were not significantly injured.  Insurance claims representatives are very skilled in building a case against you.

In dealing with your property damage, the insurers will frequently take the opportunity to evaluate you as a person, your injuries and your lifestyle.  The information could later be used against you if you decide to make a claim for bodily injury.  Have a friend take your car in for the damage appraisal or request the insurance company go to the location of the parked car.  Obtain your own damage estimates and send them to the insurance adjuster.

Please provide us with copies of all property damage estimates and photographs of the damage to your and other vehicles.  Even if your car is a “total loss,” it is still important to obtain an estimate to prove it was a “total loss.”  Typically in a car crash case, you will be concerned with, initially, the payment of your car damage repair.  We normally handle this for clients as a professional courtesy without charge if it’s an uncontested negotiation. 

BODILY INJURIES

After an accident, sometimes injuries are so serious that victims are initially hospitalized  following the accident.  In serious cases like this, we like to get involved immediately at the start.  Photographs need to be taken of the injured party in the hospital. Photographs need to be taken out at the accident scene. Witness statements need to be taken immediately.  All this information is necessary to secure before the evidence changes or is lost and the memories of witnesses change after speaking with insurance adjusters. An attorney should be hired while the evidence is fresh, immediately. Photographs and video tape evidence of the scene, property damage photos and of your injuries are critical.  Photograph and video tape all observable injuries, fractures and hospitalizations as soon as possible

Personal Injury Damages to which You Are Entitled

In all personal injury cases, including motor vehicle accident cases of all types, you are entitled to recover general damages for your pain and suffering, emotional distress, disability, permanent disfigurement, scarring, loss of opportunity to enjoy life, interference with the husband/wife or parent/child relationship, wrongful death, loss of services, dismemberment and any other type of general damage relating to injury.  You are also entitled to recover special damages, including are past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses.  It is your attorney’s obligation to properly prepare your case and determine what these damages are. This usually takes place after your medical condition is stabilized.

At the point when your medical condition stabilizes, which means you will not get any better or worse, your attorney should speak to your doctors and obtain medical reports regarding your prognosis.  At the conclusion of your recovery, the attorney shall put together a settlement demand package to try and resolve your case with the insurance company. From that point forward, negotiations will take place. Your attorney should be goal oriented to maximize your RECOVERY.

If your case does not settle, your attorney will file suit and proceed to trial.  Many times an insurance company will not pay you what you deserve to recover until your case is set for trial or close to trial. Insurance companies know which attorneys take cases to trial and which attorneys settle cases.  The attorneys who proceed and prepare a case as though it shall proceed to trial will likely recover more money for you than a settlement lawyer. It behooves all attorneys to try and settle cases.  However, if cases do not settle in a reasonable period of time, it behooves everyone to file suit and prosecute your case, preparing for trial.