FAQ: What to do if injured?

Remember to whom you are talking.
From the minute a claim is reported to the insurance company, evidence is being gathered about your claim. The insurance adjuster with whom you speak is taking notes about the conversation, and this conversation will be considered by others later when evaluating your claim. The insurance company is very skilled and efficient at handling the claims process. They have learned to not let any opportunity pass to gather information about you and your claim.

Preserve all evidence.
You must make sure to preserve all evidence that will help you litigate your claim. Generally speaking, the most important thing you can remember to do is to take photographs of evidence that will not be here in six months or later. This can include photographs of the damaged vehicle or photographs of you and your injuries while in the hospital.

When you are still hurting and recovering from your injuries, this is hard to think of, but its importance cannot be overemphasized. If your case comes to trial, it will likely not be for at least one year (or more) after the accident. By that time, you may have recovered from some of your worst injuries; to a jury just looking at you, they may not be able to "picture" how badly the accident affected you. So, you must do what you can to photograph the condition of you injuries at the time of the accident.

The same considerations apply to your vehicle, if you were injured in a motor-vehicle accident. If your accident was significant, there is a chance that the car you were in will be "totaled," or declared a total loss. If this happens, then the insurance company often will have no need to take any pictures of the vehicle, because they have chosen to pay for it--this makes it important that you take photographs before surrendering the vehicle to the insurance company.

Do not give a recorded statement to the insurance company.
You should always cooperate with the insurance company, but you are usually not under any obligation to provide a recorded statement. Remember, the insurance company is gathering evidence to evaluate your claim at every opportunity. If you provide a recorded statement and fail to mention some important detail because you were still in pain or did not have your notes in front of you, it could be construed against you at a later time. It may be acceptable at some point to provide a recorded statement, but you should never do this until you consult with an attorney about your rights and the consequences the statement may have on your claim.

Make sure you get the proper treatment for your injuries.
Your first priority should be getting treatment for your injuries. If you have been injured in an accident, you should see a medical doctor at once. There are many reasons for this, but the most important reason is that the severity of your injuries may not be apparent to you, and failure to get immediate treatment may lead to a worsening of your injuries. For instance, if you have a head injury you may not be aware that you have a brain injury, and failure to properly diagnose and treat this type of injury can be dangerous.

Even if you intend to treat with a chiropractor, it is a good idea to see a medical doctor first. Often, a hospital or doctor's office has access to better x-ray technology and will be able to better document your injuries. In addition, it is unfortunately true that juries and insurance companies may place a lower value on a claim if the person "didn't even go to the doctor," meaning a medical doctor. By checking in with a medical doctor in the beginning, you are certain to get proper medical attention for your injuries and you take away this false argument from the insurance company.

Do not settle your claim until you are done treating for your injuries.
You may be approached to settle your claim shortly after the accident. Under no circumstances should you do this. Most importantly, you need to seek adequate treatment for your injuries. In most cases, you have up to three years after an accident to file a lawsuit. As long as you file the lawsuit within this time, you will generally have as much time as you need to treat your injuries before you will have to settle your claim. You also need to determine whether you will require future treatment, and if so what the cost of this treatment will be. If you settle your claim before this happens, you will not be able to receive any compensation for this treatment. As a general rule, early settlement of your claim will not be beneficial to you.

Consult with an attorney as soon as possible.
This is hopefully the first and only time you will be confronted with the insurance claim process. It can be overwhelming and confusing, and in this arena there is definitely an advantage to experience. You need someone on your side that is a professional negotiator and has developed the skill to effectively deal with insurance companies. In addition to skillfully negotiating your claim, an experienced attorney knows how best to gather and present evidence to the insurance company to maximize your recovery.

Call us for a free consultation, and let us be a skilled and compassionate advocate for you.

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