Accident victims have many rights. Generally, you have a right to receive fair compensation for your injuries and losses from the party responsible for paying. This includes lost wages, medical expenses, costs to fix or replace damaged property, and compensation for pain and suffering.
You also have many other rights if you are in an accident, including:
- the right to consult your lawyer before answering questions
- the right to choose your own doctor
- the right to decide who will fix your car (if it was an auto accident)
- the right to decide whether to accept settlement offers
There are several factors to analyze, including:
- Fault. For you to recover money, generally a person or business must have done something wrong or failed to do something. In most cases, you can still make a claim even if you are partly at fault for the accident.
- Damages. To receive money, you must suffer damage. This can cover many things, like medical bills or lost wages in addition to personal injuries.
- Can you collect? Before making a claim, you must be sure there is a source for recovering your damages, such as the other party or an insurance company.
- Is your claim timely? Waiting too long can cause you to lose an otherwise valid claim.
After an accident, protect yourself by seeking legal help to find out if your case is strong.
At Ernest Holzberg & Associates, consultations are free, so you have nothing to lose.
First, call for medical help for anyone injured. After ensuring that injured people are taken case of, there are several important steps you can take to help ensure you get full compensation for your claim.
- Write down key information, including: the name, address and phone number of the other driver and witnesses; the other car’s make, model, year, license plate and vehicle i.d. number; and the name, address and phone number of the other car’s owner (if the driver is not the owner).
- Get witness information. An independent witness can be a big help, especially if there is a dispute over what happened. Be sure to get the name, address and phone number of all witnesses.
- Write down what happened. In the aftermath of an accident, your memory may not be reliable. As soon as possible, make notes about what happened, including the time, place, weather, road conditions and any other details about what happened. Make a diagram of the accident; include where and when the accident occurred, the direction each car was going and the circumstances of the accident.
- Take photos. If you were in an automobile accident, take pictures of the accident scene and the vehicles. Victims should also photograph their injuries to help show the insurance company or court the extent of your injuries.
- Save evidence. If there is any physical evidence involved in the accident, save it.
- Don’t talk too much. Even if the accident was not your fault, you might be tempted to apologize or say you feel fine. Statements made at the accident scene, even if they are later proven to be wrong, can be used against you. Avoid discussing fault or your injuries at the accident scene. These issues often cannot be determined until later.
- Keep good records. After the accident make sure you keep records of all your medical expenses, lost wages and other ways the injury has affected you. Good documentation will help you ensure that you get a full financial recovery.
- Get legal help. Representation by an experienced accident attorney can help you increase your recovery. Studies show that accident victims who are represented by an attorney receive more money than those who do not.
- Don’t settle too quickly. It is important to make sure you know the full extent of your loss before agreeing to a settlement amount. Many accident victims who settle quickly later discover that they have more medical bills or other losses.
|
