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As soon as you've been injured in an accident, you will be forced into a
complex and contentious battle. This battle will be fought on multiple
fronts -- between you and the other defendant, between you and the defendant's
insurance carrier, and possibly between you and your own insurance carrier.
The primary strategy for your opponents will be to raise doubt as to who
really caused the accident, whether or not you were really hurt, and whether
or not there is a third party with an ulterior motive (such as family member
or treatment clinic) persuading you to bring your claim. If you have suffered
serious injuries, you want to do everything in your power to eliminate these
sorts of doubts. Our law firm has found there are three keys to eliminating
doubt: 1) keeping good records, 2) promptly notifying your insurance company,
and 3) seeking immediate medical diagnosis.
The Accident:
Try to write down things about the accident as soon as possible after it
happens. When the time comes to give your statement, you want to be able to
produce a record in your own words. How did it happen? Where were you going
when the accident occurred? What was the weather like? What were the
conditions like? What time of day was it? What was the exact location? Who
was with you? What were the damages or injuries you suffered? These notes
will be very useful and make your case far more convincing when the insurance
companies want to raise a conflicting point of view.
Your Injuries:
Try to write down details about your injuries and their effect on your daily
life. You may suffer pain, discomfort, anxiety, loss of sleep, or other
problems that are not as visible or serious as another injury. If you don.t
make specific note of them immediately, you may not remember exactly what to
include in your demand for settlement months later. Take photos of your
injuries after the accident, and note the cause of these injuries. Such notes
and pictures can be very useful when you or your lawyer puts together the
important facts in a final demand for compensation.
Witnesses:
Try to collect contact information and statements from any witnesses that were
at the scene. Oftentimes a defendant will blatantly lie about how an accident
happened, and without a corroborating witness on your side, there is no way to
prove who is at fault. If you can produce witness statements, even if it's in
your written log, your chances of recovery will be higher.
Medical Treatment:
Try to keep a log of your medical treatment. How did you feel when you first
visited the doctor? What were your injuries? How were they diagnosed? What
was the treatment prescribed? How have you improved with each visit?
Insurance companies love to argue that certain treatments are .excessive..
Keeping a log will help you support medical expenses.
Economic Loss:
Finally, it's a good idea to keep a record of any lost wages, or other
economic loss you have suffered as a result of the accident. You should begin
making notes immediately after the accident about lost work hours, job
opportunities, meetings, classes, events, family or social gatherings,
vacation, or anything else that would have benefited you or that you would
have enjoyed but were unable to do because of the accident.
All insurance companies require their insureds to notify them within a
reasonable time of an accident. If you wait more than a few business days to
inform your insurance company, they may begin to question the severity of your
accident. While it is not always obvious in the first few days after an
accident who will be responsible -- and able to pay -- for your damages, you
don't want to make your insurance carrier a part of the process from the
beginning.
Often injury victims want to fight through pain, hoping they will recover
without seeking medical attention. Insurance companies, however, will not
respect a physical injury as serious unless it has been diagnosed at a
hospital or medical clinic. Further, even if a victim waits too long to seek
diagnosis (say a week or so after the accident), the insurance company may not
respect the victim.s claim. Whether or not you feel you have suffered serious
injuries as a result of your accident, you should seek immediate diagnosis
after your accident. If the doctor or clinic prescribes treatment, you should
adhere to the prescribed treatments as consistently as possible.
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In summary, by keeping good records after your accident, promptly notifying
your insurance carrier of the collision, and seeking immediate medical
attention, you will leave little doubt as to the severity of your accident and
greatly increase your chances of receiving the highest possible settlement.
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