While the crash rate is now 39% lower than it was 40 years ago, accidents are still depressingly common, with 42,939 deaths in 2021 alone. Knowing what legal options are available to you after a car accident is crucial for receiving fair compensation for your injuries, damages, lost wages, and more. Here are some key things to keep in mind regarding your legal rights and options if you are injured in an auto accident that was not your fault.
Consult a Personal Injury Attorney
According to Justin Watkins, a car accident attorney from Las Vegas, the first and most important step is to consult an experienced auto accident attorney as soon as possible after your crash. An attorney can advise you on the laws in your state regarding fault and liability in accidents, thoroughly investigate your accident to build a strong case, deal with insurance companies on your behalf, and determine all available legal options you may pursue such as filing an injury lawsuit. Having a knowledgeable attorney on your side greatly improves your chances of receiving full and fair compensation.
Document Everything Related to the Accident and Your Injuries
Be sure to document as much evidence as possible related to the accident and your resulting injuries. This includes:
- Getting a police report filed at the scene
- Taking photos of damage to vehicles and the accident scene
- Getting contact and insurance information from other drivers involved
- Keeping records of medical treatments and expenses
- Saving receipts for costs like car repairs or medical equipment
- Writing down the details of how the accident happened while still fresh in your mind
Thorough documentation strengthens the evidence to support your claim.
Seek Proper Medical Treatment
It’s critical to promptly seek diagnosis and treatment from qualified medical professionals for any injuries sustained in the accident, even minor ones that may not seem serious at first. A concussion can lead to a TBI, and car accidents cause 14% of TBIs each year. Not only does a diagnosis and treatment provide an official record of your injuries to support your claim, but failing to get proper treatment could negatively impact your case down the line if your injuries worsen.
Your attorney can help refer you to reputable doctors. Follow all recommended treatments and attend all appointments to demonstrate the extent of your injuries.
Notify Your Insurance Company
You must notify your auto insurance provider about the accident as soon as realistically possible. Provide basic facts about what happened and request information on the process for filing a claim to cover the damages, injuries, costs, and losses you’ve incurred. Having a paper trail of this communication could be key later on.
Consult your attorney before providing a recorded statement or accepting any settlement offer from an insurance provider.
Explore Out-of-Court Settlement Options
It’s also common for personal injury cases stemming from auto accidents to reach a settlement agreement out of court before going to trial – more than 95% of cases settle out of court. This avoids the time, stress, and expenses of trial. Your attorney will negotiate the settlement with the insurance company and at-fault driver to try to reach a fair deal. You’ll need to approve any settlement offer before agreeing.
Understanding your different legal options and rights puts you in the best position to recover damages after a car accident.
