Car accidents are not experiences that most Americans are familiar with. Crashes are events that seem to happen to other people; that is, until it happens to you when you least expect it.
It’s understandable, then, that many accident victims aren’t sure what to do after a collision. There is plenty to do to protect yourself, and also plenty of mistakes you can make. Overall, hiring a car accident lawyer immediately is a move that will make your life significantly less chaotic and confusing after the accident.
A lawyer will handle many of the steps that an accident victim should take—they’ll oversee as many of them as possible, in fact. They will advise you on what you should do to help your case and mistakes to avoid.
From getting all relevant insurance information to negotiating a financial settlement, allow a lawyer to handle every aspect of your case so you can rest and heal. The best thing to do after you are diagnosed with a car accident injury is to schedule a free consultation with a Port Richey car accident attorney.
What You, as the Accident Survivor, Should Do After the Collision
Even if you hire an attorney to represent you, there are steps that you should take if possible. Your lawyer can advise on these steps, and they often include:
Keep Up With Medical Treatment
In a typical year, there can be as many as 2.6 million emergency room visits for those involved in traffic accidents (if not more). However, the ER visit and diagnosis is only the beginning of what is often a long road to recovery, involving many additional medical appointments and treatments.
Your post-accident care may seem expensive, but it is absolutely necessary. You should keep up with all treatment without worrying about the cost. Trust your car accident lawyer to eventually secure the money you need to cover medical bills.
Limit What You Say to Insurance Representatives
Almost everyone involved in an accident says that afterward, you call your insurance company. What many do not know, however, is that even your own insurance company may not be fighting for you. In general, insurance companies do what is best for the insurance company, not the policyholder.
It is best to have a car accident lawyer handle all notifications to insurers, including your provider. However, if you do make the call, keep the following in mind:
- Keep what you say short and sweet
- Do not imply, even in the slightest, that you did anything to cause the accident
- Do not admit that you were engaged in any negligent behavior (like texting, eating, or being on the phone), even if that behavior did not contribute to the collision
- Decline to answer any questions you are not confident in answering
The less you say without legal representation, the better.
Keep Your Own Records
Once you hire your car accident attorney, one of their duties will be to gather, organize, and use all accident-related records. That being said, it cannot hurt for you to keep your own records, which may include:
- Writing down your account of how the accident happened
- Keeping a daily journal of physical pain, psychological distress, and other problems resulting from your accident
- Maintaining copies of all medical records, medical bills, vehicle-repair invoices, receipts for rideshares or rental cars, and other relevant documents related to the accident
Ask for records from any medical providers or mental health professionals you see after the accident and ensure they contain complete and accurate information. Complete medical records will be necessary as your lawyer seeks compensation for you.
Once You Hire Your Car Accident Lawyer, You Can Rely on Their Guidance
Working with a car accident lawyer will simplify your life—there’s no doubt about it. Avoiding the headaches and potential pitfalls of an insurance claim is one of the leading reasons why accident victims hire a lawyer.
As a client, your only job is to simply follow your attorneys’ advice, as they will:
Tell You Exactly What to Do (and What Not to Do)
Sometimes, you just need simple instructions. Attorneys are known for providing just that, and your car accident lawyer won’t be an exception. They can:
- Tell you what to say (or not say) to insurance companies or other parties
- Explain how you can best document your accident-related damages
- Answer questions you have about returning to work
- Provide other clear, easy-to-follow directions for your post-accident process
Car accident lawyers tailor their advice to each client. Whether they’re giving you instructions or answering your questions, a lawyer will be your guiding light after your accident.
Ensure You Get the Care You Need (and Work with Your Providers)
Many car accident victims do not regularly see doctors or mental health service providers. They may not know where to turn after an accident for your ongoing medical care, especially if you cannot pay your bills up front. Many car accident attorneys know medical providers who regularly work with car accident victims and understand the situation. They can often:
- Ensure you see the specific type of doctor you should
- Find a mental health professional familiar with accident-related trauma (which can include post-traumatic stress disorder)
- Ensure you do not pay for unnecessary or inappropriate medical treatments
Your doctors and mental health providers can also deal directly with your lawyer regarding your bills and delaying payment until you receive a settlement. This will ensure you exert as little effort as possible regarding finances, which means more effort towards recovery.
Develop a Case Strategy
Each car accident survivor needs a strategy for securing compensation. Allow your attorney to devise that strategy, which they will customize to you and your circumstances.
Your attorney’s strategy will account for:
- The insurance status of those involved in the collision (uninsured motorists are an issue in every state in America, including Florida)
- The amount of insurance coverage you and liable parties have (Most states, including Florida, require motorists to purchase a minimum amount of insurance, but some policyholders purchase more than the minimum)
- The cost of your economic and non-economic damages
- How insurance companies approach your claim (and, specifically, settlement negotiations)
The majority of accident survivors will respond with one or more insurance claims. That may be the strategy you and your lawyer identify as best. You may also be eligible to file a lawsuit, and your lawyer can implement that strategy if it’s the right one for your case.
Be Your Proxy with Insurers (and Communicate All Updates Promptly)
Insurance companies can be a double-edged sword for car accident survivors. While an insurer has the capacity to pay you, they can just as easily choose not to.
Having a lawyer deal with insurers for you will:
- Ensure any statement you give is accurate (which is a critical step in completing a claim successfully)
- Protect you from bad-faith tactics like lowball settlement offers, confusing questioning, and deception about policy details
- Put pressure on insurance companies to complete your claim(s) as efficiently as possible
Dealing with insurance companies is one more critical responsibility you should not have to deal with. Let an attorney manage the insurers—they do it all the time—so you can continue to heal.
What Your Lawyer Will Do After the Accident
As discussed, your lawyer will instruct you, answer your questions, deal with insurance companies, and tailor a strategy for your case. They will also manage the case itself.
Building and completing a successful car accident case generally requires the following:
Knowing the Insurance Policies
Few people understand insurance policies in the way that attorneys do. Car accident lawyers deal with insurance providers often and must know the details of auto insurance policies to negotiate effectively.
Your lawyer will learn the details of both your policy and other liable parties’ policies early in your case.
Keying in on Valuable Evidence
Proving fault for your accident will be a hugely important step in your case. Attorneys often bolster their client’s claims and lawsuits with:
- Witness testimony that suggests someone else is at fault for the car accident
- Video footage confirming your account of the accident
- A police report, which may detail statements from those involved in the accident and other details that support your case
In some cases, car accident lawyers hire experts to reconstruct car accidents. Your lawyer will determine if a reconstruction is necessary to win your case based on what other evidence is available.
Detailing the Accident Victim’s Damages (and Determining Their Financial Cost)
The pain you’re feeling from injuries is just one reminder that car accidents always cause harm. Your lawyer will need to document the specific types of harm your accident has caused and may do so with:
- Medical records like X-rays, doctors’ written diagnoses, and medical bills
- Your explanation of day-to-day pain, anguish, and other symptoms you’re dealing with
- Any proof of professional harm (such as bank records indicating lost income or an employer’s testimony that you’re unable to perform your usual duties)
- Testimony from one or more mental health professionals about how the car accident has affected you
Each case provides a lawyer with different forms of documentation. Your attorney will take all necessary steps to prove the cost of the at-fault party’s negligence.
Negotiating Aggressively (and Objectively)
When dealing with insurers, cooperation can work. However, there are many cases in which lawyers have to get aggressive. A dynamic attorney adapts their approach to each case, and they do not hesitate to push back against insurance representatives who act in bad faith.
Taking Legal Action When Circumstances Require
A car accident lawyer will be prepared to:
- File a lawsuit against one or more parties liable for your accident
- Take your case to trial
Many car accident cases are resolved through the insurance process. Even when an accident victim files a lawsuit, most settle before going to court. However, there are many good reasons to take legal action, and hiring a lawyer ensures this option is available to you.
Common Damages in Car Accident Claims and Lawsuits
The term “car accident” captures a broad spectrum of collisions. Accidents range from vehicles striking head-on at ninety miles per hour to a fender-bender in a parking lot.
This variety of accident types and severity is why attorneys must carefully investigate each client’s damages and establish the case value of each collision. Your damages may include:
Hospital Bills (and Other Medical Costs)
You know how important it is to get medical care after an accident—it can save your life. However, this care can be costly. Your lawyer will include all accident-related medical expenses in their valuation of your case.
Pain and Suffering (A Mental Health Professional Can Document These)
The term “pain and suffering” can cover a broad range of problems, including:
- Post-traumatic stress disorder
- Scarring and other types of disfigurement
- Depression
- Lost quality of life
- Physical pain
- Sleep loss
- Substance use issues related to an accident
An auto accident can cause wide-ranging devastation, especially when the victim suffers serious injuries or has a severe psychological or emotional reaction. Attorneys often seek compensation for such devastation.
Property Costs
Expect your lawyer to demand compensation for the repair or replacement of your vehicle. If any other personal property suffered damage, your lawyer will account for related expenses, too.
Lost Income and More Professional Harm
Accident victims may need a day, a week, months, or years to recover from injuries before returning to work. Some never resume working after a serious accident.
Professional harm stemming from a car accident may include:
- Lost income
- Diminished earning capacity
- Lost benefits
- Missed bonuses
Calculating the long-term cost of professional damages requires foresight, nuance, and firm mathematical understanding. Let a lawyer (and their experts) establish an accurate case value and fight for every dollar you deserve.
Yes, You Can Afford a Car Accident Lawyer (Their Fee Structure Guarantees You Can)
A Port Richey personal injury lawyer will serve you without receiving a single dollar upfront or out of your pocket. If your attorney obtains compensation for you, they will receive a percentage of the recovery. They will explain this agreement before you agree to hire them, so you are comfortable with it.
Don’t wait to identify the car accident lawyer who is best fit to lead your case. You can vet different firms through free consultations, which are standard practice.
Schedule a Free Initial Consultation Today!
Nicolette R. Nicoletti
Managing Partner
Nicolette R. Nicoletti is the founder and managing partner of the Nicoletti Accident Injury Lawyers. She was born and raised in New Port Richey, Florida. Nicolette attended Genesis Preparatory School and graduated salutatorian of her class. She then went onto Saint Leo University for her undergraduate education. She graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science. While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).
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