Learn how your action or inaction after an accident could affect the strength of your personal injury claim
Following any kind of accident resulting in serious injury, it is natural to feel shocked and overwhelmed. Unfortunately, this sometimes means victims neglect to take steps to preserve their ability to mount a strong and effective personal injury claim.
While victims typically have two years until the statute of limitations for filing a personal injury claim runs out, for all practical purposes the window of opportunity may begin to close much sooner than that. In fact, within the first 48 hours following an accident the following events could begin to undermine your claim if you are not careful:
- Evidence is going to disappear:
In most cases, your one and only opportunity to collect evidence from the scene of your accident is immediately after the accident occurs. Miss this chance and it may become easier for the defendant to argue that they did not really cause the accident or had less than full liability.
- Your injury may be questioned:
One of the easiest ways for an insurance adjuster to reduce your compensation is to argue that you are not actually injured, that your injury was less severe than you say, or that your injury actually pre-dated the accident. The faster you seek medical treatment for your injury, the easier it should be to counteract these arguments.
- Insurance agents are going to want a statement ASAP:
In any personal injury case, one of the first things the insurance company representing the liable party is going to do is try to get you to make a statement. Their hope is you may say something they could use against you later, to reduce or even eliminate your compensation. Knowing that personal injury victims are often overwhelmed immediately after an accident, they will push for the statement quickly to increase the chances you will make a mistake, so what you say in the first 48 hours after your accident can literally make or break your case.
So What Should You Do After an Accident?
Document the Scene: Whether you have been in a car accident, a slip and fall accident, or some other type of accident, it is important to photograph the scene of the accident. This evidence can be extremely helpful in establishing liability for the accident.
Identify Witnesses: Witness statements can also help with your effort to prove who caused your accident and injuries. Be sure to collect contact information and statements from anyone who witnessed your accident.
Get Medical Treatment: If you have been seriously injured, you may leave the scene of the accident tin an ambulance. But for less severe injuries, it can be tempting to just go home and nurse your wounds. In reality, it is always important to visit a doctor promptly after your accident. Your doctor visit will help document your injuries and link them with the accident.
Call an Attorney: Having an experienced personal injury attorney on your side is the best way to avoid making any misstatements to the insurance companies that could hurt your case for compensation. Your attorney can also advise you regarding any settlement offers you may receive to make sure they are fair. To hire Fernando D. Vargas as your attorney, call 909-982-0707 now.
