What to Do in the Days Following a Car Accident to Protect a Legal Claim
Accidents are hectic.
They come out of nowhere and quickly turn your world upside down. In the panic and confusion that ensues during these critical moments, people make decisions that haunt them throughout a car accident lawsuit.
Here’s the plain truth:
Your actions in the weeks and months after an accident dictate the success of your personal injury case. But there is good news. If you know how to play your hand, there are strategies you can follow that protect your rights and maximize your chances for fair compensation.
Motor vehicle collisions are the cause of 52% of all personal injury lawsuits filed annually. That’s over half a million people every year thrown into a legal process most don’t fully understand.
You don’t have to be another statistic.
If there’s any possibility of filing a road accident lawsuit, partnering with these Houston auto accident lawyers sooner rather than later is one of the best decisions you can make. Everything you need to know on how to protect your rights after an accident starts here.
Road Accident Lawsuit Guide
- Why the days after matter most
- Evidence you need to secure from the scene
- Tips for speaking with insurance companies
- The impact of hiring a lawyer
Hours After an Accident: Why They Matter
Here are a few facts about road accident lawsuits…
The evidence needed to prove fault and suffering isn’t always available forever. Hours after an accident, skid marks vanish. Witnesses move on with their lives. Surveillance videos are routinely overwritten. The evidence that can make or break your claim disappears quickly.
This is precisely why activities performed after an accident are so important.
As discussed below, the time to collect that evidence is extremely limited. The hours and days after the accident are when focus and preparation matter most.
Step 1: Seek Medical Attention Right Away
Hour 1:
Don’t wait until you’re hurting to go to the doctor.
All too often, accident victims fail to see a medical professional right away because they don’t have visible injuries or feel severe pain. By the time serious injuries are noticed, it could be too late.
Whiplash. Internal bleeding. Soft tissue trauma. These are common accident injuries that have little-to-no immediate symptoms.
Here’s what seeing a doctor ASAP does for your case:
- It creates an official record of your injuries.
- Medical professionals can catch injuries before they become worse.
Insurance companies will exploit ANY delay in seeking treatment. They’ll argue you weren’t injured during the accident OR the injury wasn’t severe. Don’t make their jobs easier. Document your injuries with a medical professional immediately.
Step 2: Document the Scene
Hours 1-2:
If possible, secure as much evidence from the accident as you can.
Depending on who is at fault, this may mean exchanging information with the other driver. Always be sure to:
Take plenty of photos. Photos of the damage to all vehicles involved. Closeups. Photos of the surrounding road area. Skid marks. Weather conditions. Traffic signals.
Record witness information. Get their full names and contact info.
Call the police. Even if you don’t think you were at fault, a police report should always be filed.
Step 3: Start Your Journal
Days 1-3:
This step is often missed, but can mean the difference between a large payout and a small one.
Begin writing down how your injuries impact your daily life. Any pain, activities you cannot perform anymore, how your sleep is affected, changes in mood… Write it down.
This journal doesn’t need to be shared with your lawyer right away. Think of it as a running record of your suffering.
The more detailed, the better.
This is your chance to speak for yourself. Insurance companies will pay attention to how your injuries have affected your ability to live your life.
Step 4: Be Careful With Insurance Companies
Week 1:
Nobody expects to ever deal with insurance companies after an accident, but they will want to talk to you… fast.
Insurance service providers work for the insurance companies, not you. Their job is to minimize the payout on your claim. And they’re pretty good at it.
Some conversation killers:
- Giving a recorded statement.
- Settling early. They ALWAYS lowball the first offer.
- Signing any paperwork without talking to an attorney.
- Posting on social media.
Insurance companies can use anything they can find against you. Whether it’s something said in passing or inappropriate pictures on Facebook, insurers will use it to discredit you. Always let your attorney speak for you.
Step 5: Hold Onto Records
Weeks 1-3:
Keeping detailed records continues to be important long after the accident.
Hold onto any medical bills and records. Keep all receipts for expenses that resulted because of the accident. If you missed work, secure records from your employer that prove lost wages. Have your vehicle repaired and get copies of the inspection report.
Prepare a file with your attorney. The more complete your file, the stronger your lawsuit will be.
Step 6: Know Your Deadline
Months 1-2:
Statute of limitations. This cannot be said enough.
Every state has a time limit on how long you have to file a road accident lawsuit. After that deadline passes, you lose your ability to sue forever.
In Texas, you have TWO YEARS from the date of the accident to file a lawsuit. But consider this…
While waiting for a lawsuit to get settled, there may be ongoing medical treatment, bills, and insurance companies to deal with. Two years sounds like plenty of time but it goes by quick.
Tick. Tick…
Legal Representation: Why You Need It
Here are some things to consider…
Payouts increase by nearly three times when accident victims hire a personal injury attorney. That doesn’t mean the compensation amount will triple. It means the payout will be substantially higher.
Think of your lawyer as your advocate. Their job is to:
- Investigate the accident to prove who is at fault.
- Handle all communication with insurance companies.
- Calculate the maximum value of your claim.
- Negotiate with insurers to give you the best offer.
- Go to trial if needed.
It’s also important to know that between 95-97% of personal injury lawsuits settle out of court. A good attorney is what makes those settlements worth taking.
There’s a lot that goes into filing a lawsuit. Personal injury attorneys deal with this process day in and day out. Hiring an attorney levels the playing field.
Hours After Accident: Wrap Up
Preparing for a road accident lawsuit begins as soon as the accident ends.
How you approach your medical treatment, document your injuries, handle insurance companies, and work with legal counsel dictate whether you’ll walk away with the compensation you deserve… or leave empty handed.
Here’s a recap:
- See a doctor immediately
- Document evidence at the scene
- Start your injury journal
- Wait to speak with insurance companies
- Save all medical records and receipts
- Know your lawsuit deadline
- Hire a lawyer ASAP
If you’ve been injured in a motor vehicle collision, speaking with a lawyer should be one of your first stops. Speed is essential. Protect yourself by learning more about how car accident lawyers can help you secure maximum compensation.
