What to Ask Yourself before Putting Together an Auto Accident Claim
If you were hurt in a serious accident, you are probably considering taking action against the at-fault party. While obtaining compensation will definitely help during the challenging days ahead, there’s never a guarantee that your claim will be paid out.
Ultimately, the insurer is often looking for reasons to minimize their liability to reduce your settlement. As such, you will need to build a strong personal injury case to make sure that your version of events stands up to the claims adjuster’s scrutiny.
With that in mind, here are a few questions to think about before you file your claim:
Did I Cause the Wreck?
If you were entirely to blame for causing the collision, you will not have grounds to pursue a personal injury case. California employs a comparative negligence system for handling car accident claims, so you will only be able to successfully file for damages if you can demonstrate that the other party/parties played at least some role in causing the accident.
On the flip side, even if you contributed somewhat to the crash—maybe you were making an illegal lane change in the moments before impact—it might still be worth discussing your case with an attorney because the other parties may at least be partially liable for your damages.
Did I Seek Medical Treatment?
Visiting the doctor is one of the most important steps in building a strong personal injury case. Without up-to-date medical records, you will not only struggle to prove your damages, but opposing parties will have room to dispute the severity and cause of your injuries.
They could also assert that you failed in your responsibility to take adequate steps to mitigate further losses. Once you’ve received a diagnosis, you must make sure to follow your doctor’s orders closely. Deviating from your treatment plan could lead to challenges down the line.
Did I Keep Track of My Damages?
In a personal injury claim, you will not receive compensation without adequate proof to demonstrate the losses you’ve incurred. Such evidence can include invoices for treatments you’ve received, pay stubs showing lost wages, estimates for repairs to your vehicle, receipts for home and vehicle modifications, and any other financial documents associated with your accident-related damages.
Did I Say Something That Could Lead to Disputes?
Whether it was immediately after the accident or on the phone to the insurance company, your words can carry tremendous weight while your claim is pending. For instance, if you admitted fault at the accident scene, your comments could be used to dispute liability. Alternatively, the statements you make to the insurer could be taken out of context or misrepresented to challenge your credibility.
You should keep detailed notes of any correspondence with opposing parties and share this information with your lawyer so he or she can prepare for potential disputes during proceedings. Additionally, you should also be careful about what you say on social media as your posts could also be used as evidence to challenge your case.
Discuss Your Case with a California Car Accident Attorney
Dealing with the aftermath of a serious road wreck can be incredibly stressful. Fortunately, you don’t have to navigate proceedings on your own. At HPIL, our car accident attorneys can help build your case so that you can focus on your health and taking care of your family. We are available to take your calls 24/7. Dial 1-800-GO-HARRIS or head over to our contact page HERE to request a free case review with a California car accident attorney.
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