SDILC TIPS
TIPS FOR GETTING THE HIGHEST SETTLEMENT
Every time you get into a car, you are at risk of being
in a car accident. The first piece of advice a good car accident attorney will
give you is to treat each accident as a serious one. It’s easy to let the feelings
of shock and relief that you weren’t more seriously injured prevent you from
taking an accident seriously. You may be tempted to just go home and let it go.
But taking a proactive approach to gathering information now will benefit you a
great deal down the line. Following the tips below will help you lessen the
impact of a car accident after you have realized the true extent of damage it
has caused.
Case Settled
1. Get the Facts – Even if you feel fine and the damage
to your vehicle is minimal, don’t assume there are no real damages or injuries.
This is the perfect time to find out as much as you can about the other driver.
Get their name and contact information and the name of their insurance company.
Use your phone to take photos of the damage to both vehicles. Look for skid
marks on the road and take pictures of those as well. If there are no skid
marks to indicate that the other tried to stop, take pictures of the road where
they should have been.
Get The Facts
Get pictures of the license plates of all cars involved
and any other objects that may have had an impact on the accident. If you spot
any beer cans or open liquor bottles in or around the other driver’s car, be
sure to take a picture.
Take photos of any obvious injuries at the scene. Once
you are home, take a head-to-toe survey for other signs of injury. This
includes bruising from the seat belt or burns from the airbags being deployed.
These images may help to prove the intensity of the impact and the cause of
injuries that occurred to tissues and bones below. Once you go to the doctor,
ask them about taking photos of your injuries to include with your medical
records. This will provide a document of the date that you had these injuries
along with the medical description.
2. Don’t Talk About Fault – Be careful about what you say
to the other driver. Don’t try to make them feel better by saying you feel
fine, even if you do. There are some injuries that produce delayed symptoms
that may end up having a greater impact than you imagined. For example,
injuries to the vertebrae are common auto accident injuries that may not cause
pain for hours or even days. Your San Diego car accident attorney will have an
easier time proving your injuries later if you don’t provide the other driver
with statements they may use later to prove you weren’t injured in the
accident.
Don't Talk About Fault
3. Seek Medical Attention – There are two reasons for
getting immediate medical care for your injuries. The first is to identify any
injuries that you may have received for which you haven’t begun to have
symptoms yet. You may also learn that some of the symptoms you do have are more
serious than you thought. For example, bruising on the surface of your skin may
be an outward sign of an internal wound that is bleeding. A doctor will know
what types of injuries are common after an accident. Only a medical
professional has the equipment and the skills to find the damage that has
occurred below the surface.
The second reason to see a doctor is that you need a well-documented
record of your injuries and treatments from the time of the accident. It is a
common ploy by insurance companies to claim that your injuries were already
present before the accident or that you weren’t injured at all. Medical records
showing your diagnosis and treatment will help. You should also follow all of
your doctor’s advice and take medications as prescribed.
4. Schedule a Consultation with a San Diego Car Accident
Attorney – The initial consultation is your chance to present the evidence you
have collected to a legal professional. The attorney will look at your case and
determine whether you have a good chance of getting compensation and what
expenses might qualify for compensation. This is also a good time to decide if
an attorney is a good fit for you.
5. Determine the Value of Your Claim – The amount of a
claim is not just chosen at random. In spite of some people’s belief, a
personal injury suit is not just a way to try and get exorbitant amounts of
money. The sum should reflect the genuine amount of money that you deserve.
When your attorney negotiates a settlement on your behalf or determines the
amount of compensation to ask for, they usually rely on a specific formula.
Medical expenses, property damage, loss of income, and pain and suffering are
just some of the figures that will be calculated into the formula.
6. Don’t negotiate with the Insurance Company – Insurance
companies are not there to help out their clients or the victims who file
claims against them. They are there to try and keep as much of their money as
they can. As a result, they will often make an initial offer that is well below
the actual value of the claim. Never deal directly with the insurance company.
Your San Diego car accident attorney knows the value of your claim. They will
negotiate with the insurance company to get a fair settlement or else go to
court to fight for your rights.
7. Don’t worry About the Expense – To some people, hiring
an attorney sounds like another expense that they can’t afford. Adding legal
fees to a mountain of medical bills doesn’t make sense. They don’t realize that
personal injury attorneys don’t require any payment upfront. If they take your
case and you don’t win, they don’t charge any fees. There is never a financial
risk or burden placed on you for filing an auto injury claim.
8. Expect to Be Emotional – Some victims of car accidents
are confused by the emotions they feel in the weeks or months following a car
accident. The impact of the accident, their injuries, and the steps they have
had to take to pursue legal action can go well beyond the initial trauma.
Although these emotions are normal, you may need to get help dealing with them
if they persist or become overwhelming. The important thing is to get the help
you need to get past these emotions and start living life to the fullest again.
Emotional After A Car Accident
If you do end up getting help for emotional distress,
provide your attorney with the records, including any medications you are
given. Although this type of pain and suffering is more difficult to prove than
physical injuries, it may be considered as part of your settlement. Even if you
do not pursue treatment, be prepared to explain the impact your emotions have
had on your life. Depression, insomnia, and anxiety are some of the problems
that car accident victims often experience. These are just some of the emotions
that can prevent you from being able to work or enjoy normal activities.
9. Don’t Delay Filing a Claim – There are many reasons
that people who are victims of car accident injuries fail to file. They may
think their injuries are not that severe or that the accident isn’t totally the
other person’s fault. Even if the latter is true, they may still have the right
to compensation for a portion of the total value of their damages. If they fail
to get all of the information available to them about their legal options, they
may run out of time.
You have two years from the date of the accident to file
a claim for injuries you received as a result. If you wait until after that
time period, you will lose your rights. That is why you should find a car
accident attorney to advise you right away. Your attorney will be able to
advise you on whether you have a valid claim. In either case, you have nothing
to lose.
10. Choose the Right Attorney – Nothing is more important
to your case than choosing a San Diego car accident attorney who has in-depth
knowledge of California personal injury law. Auto accident law varies from
state-to-state and details often vary from one case to the next. For example,
California has a “Comparative Fault” law that may place part of the blame for
the accident on you. An attorney that has a successful track record handling
cases similar to yours is your biggest advantage in proving your case.
Accident? Personal Injury? – Call Now for Free Advice! San Diego Injury Law Center (833) 338-8230 Call Our Lawyers Now - Free Consultation - No Fee Until We Win - Millions Recovered
Comments
Post a Comment