White Plains

Protecting Yourself & Your Rights After an Accident After an accident, it’s normal for the people around you to want to help and look after your interests. You’ll probably receive advice from friends, family members, doctors—even the insurance companies. Unfortunately, some of the advice you hear may not apply in your case or may simply be incorrect. It’s important to remember that your accident and injury situation is unique; however, some advice does apply to every accident situation. We’ve summarized this important information here.

Seek Medical Attention You should be seen by a doctor as soon as possible after any accident— even if you don’t feel pain or show signs of injury. In the event your accident results in a legal case, it is essential that doctors begin documenting your injuries or pain complaints right away. Failing to get help immediately after an accident will make it extremely difficult to convince a jury that you have sustained a serious injury. Keep Accurate Records Write down everything you can remember about the accident and photograph your vehicle from every angle before it is repaired. Also, keep a detailed journal for at least several weeks following your accident; record how you are feeling and how your injuries affect every aspect of your life on a daily basis. Remember to record every doctor or therapist visit, especially if you are under the care of more than one provider. Save copies of all medical bills and receipts. Know What Information to Share with Who You should never lie to your doctor; do not minimize your pain, but do not exaggerate it either. Do what your doctors tell you to do and be sure the doctor knows about your physical ability or limitations. Do not give a statement about your accident to the other driver’s insurance company. In fact, it is best not to speak with them at all regarding your injuries until you seek the advice of a personal injury attorney. On the other hand, your lawyer needs to know everything about your accident. This includes facts that you think may help your case, as well as those that you believe may hurt your case. Communicate Appropriately with Insurance Companies Share the facts about your accident, but do not offer an opinion on who was at fault or discuss your injuries. Do not give any statements (written or oral) to anyone concerning your accident or injuries without your lawyer’s approval. Do not sign a Release of Medical Records and do not give any recorded or written statements until you are sure you completely understand your coverage. Finally, you should never sign any releases or waivers until after you have consulted an attorney. Doing so could limit your ability to recover damages to your property and that result from any injuries. If you are unsure about what you are being asked to sign, consult your attorney. Select the Right Attorney The majority of accident victims find that hiring an attorney is necessary to ensure fair treatment and compensation. When selecting an attorney, hire one who is active in the area of personal injury law. Personal injury attorneys work on a contingency fee basis which means that you don't pay any money unless the attorney successfully resolves your case. Take Action Before It’s Too Late Laws in each state set a time limit for pursuing an injury claim. Once that time passes, your right to recover damages for your injuries is forfeited. There are also deadlines for filing claims against your insurance company and the other party’s insurance company. You should know these deadlines to avoid missing them. Once they have passed, you will not be able to file a claim or receive compensation for your injuries. Remember, until you and your attorney have determined whether someone else is responsible for your injury, protecting yourself and your rights is of the utmost importance.