Upon being seriously injured in a motor vehicle accident that was caused by the carelessness and negligence of somebody else in or around Los Angeles, you could be justifiably confused about what to do, especially if you suffered head injuries. The first few moments after that collision could be critical to receiving financial compensation in the future for the injuries and damages that you suffered. Reliable documentation of the accident and your injuries is going to be needed. Moreover, you will need a very skillful car accident lawyer, who will all the necessary information to file a very proficient and smooth case. Here are the steps that you should take during the course of pursuing a personal injury claim or lawsuit in order to fully protect your rights and interests.
Call 911
Don’t pursue the other driver if he or she flees the scene of the crash. It’s dangerous for you to do so, and you could also be charged with leaving the scene of an accident. Notify the 911 operator of the crash, and ask that police be dispatched to the scene. You’ve been hurt, so as the paramedics also be dispatched. The investigating police officer will interview you and the other driver along with any witnesses. Statements about how the accident occurred will be noted, and a written accident report will be completed and ready in a few days. Paramedics can treat you at the scene and transport you to a nearby emergency room for diagnostics and further treatment. As soon as you get home, contact a car accident attorney in Los Angeles from our offices.
Don’t Get Talked Out of It
If the person who caused your accident says that the police aren’t needed, don’t believe a word of it. Maybe he or she just left a bar or has a warrant out for their arrest. Without a police accident report, you stand little chance of obtaining a settlement or award for your damages. California law requires you to call police when property damage is in excess of $750 anyway. It doesn’t take much of an impact to cause that amount of damage.
Notify Your Insurance Company
You’ll want to let your insurance company know right away that you were in an accident, even if you don’t intend on filing a claim with it, That’s a condition of your insurance contract. You can do that by phone, online or by certified mail, return receipt requested. That notice is especially important if the person who caused your accident turns out to be uninsured or left the scene of your accident. If you purchased uninsured motorist insurance, that coverage can be used in the event of a hit-and-run accident. That’s important coverage. If you don’t have it, make sure that you get it as soon as possible. Los Angeles has one of the highest rates of hit-and-run crashes in the United States.
The Opposing Insurer
Within a few days after the crash, you’re likely to get a call from an adjuster who works for the opposing insurance company. He or she might sound friendly and concerned. It might sound like that person wants to help you, but his or her job is to protect the best interests of their employer. The adjuster might ask you questions about the accident and your injuries. California law doesn’t require you to answer those questions, so politely refuse to answer them. The adjuster might also want a recorded statement about the accident from you. Refuse to give that too. California law doesn’t require you to give a statement under those circumstances. If the adjuster says that your claim will be closed without a statement, let him or her close it, and speak with an auto injury attorney from our offices. If we’re retained to represent you, that claim will be opened up again within a matter of minutes.
The Medical Authorization
The opposing adjuster will also mail you a medical authorization for signature and return. Don’t sign it or return it. That authorization would allow the adjuster to access every medical record in your life since your birth. The adjuster is looking for a prior injury to the same part of your body that you treated for. Then, it would be argued that you had a preexisting condition, and your claim shouldn’t be as valuable as you think it is. California law doesn’t require you to give that medical authorization. Throw it away.
Common Auto Accident Injuries
The nature and extent of injuries suffered in auto accidents can vary widely. They can range from relatively mild to fatal. Here are some of the more common injuries that an auto injury attorney from our offices might be retained to represent injured victims on:
- Traumatic brain and spinal cord injuries.
- Fractures and joint injuries.
- Damage to vital organs.
- Spinal injuries to discs, vertebrae and nerves.
- Whiplash
- Wrongful death.
Your Medical Appointments
After we’re retained to represent a personal injury client, we begin collecting all medical bills, records and reports in connection with the client’s condition and treatment. Copies of those will eventually be forwarded to the opposing insurer along with our settlement demand. That insurer is going to scrutinize each and every one of the pieces of evidence that we forward it. One of the things that it will be looking for is gaps in treatment.
Gaps in Treatment
There are two types of treatment gaps that might be used against you. The first is a delay in treatment from the date of the accident until the date that you first treated for you injuries. You’ll want to seek treatment immediately. If you don’t, the other insurer will argue that you either hurt yourself in some other way, or you weren’t injured to the extent claimed. The second type of treatment gap involves missed medical appointments or periods of time when you didn’t treat at all. That makes it easy for the opposing insurer to again argue that you weren’t injured to the extent that you claim.
If you were seriously injured, there wouldn’t be any treatment gaps. Treatment gaps can operate to significantly devalue any personal injury claim. A personal injury attorney from our offices will always encourage a client to attend every medical appointment that has been set.
After being injured in any accident in or around Los Angeles that was caused by the carelessness and negligence of somebody else, document your accident with police and paramedics. Get to an emergency room immediately, and notify your insurance company of the accident as soon as you get home. Politely refuse to give any type of a statement to the opposing insurer and don’t provide any type of a medical authorization. The best thing that you can do to protect your rights and interests is to contact a car accident attorney in Los Angeles from our offices here at West Coast Trial Lawyers to arrange for a free consultation and case review with a personal injury attorney from our offices. We promise to listen to you carefully and answer your questions too. After that, we can advise you on your full range of legal options.