Being involved in an accident can be a very traumatic time. Accidents can leave you with long term health problems and may affect your ability to work either in the short term or in worst case scenarios it can reduce your long term employability. While it is understandable that recovering from an accident may take some time it is also important to take steps immediately if you feel that you want to make a claim for compensation. This will increase your chances of success.
If you have been the passenger in a motor car accident and have sustained injuries through no fault of your own you may then feel the most appropriate choice for you is to file an accident claim with the help of car or motorcycle accident attorneys. This article will give you some important tips on how to get the most out of your claim.
1. Act fast: Under the Statute of Limitations there are time limits for your ability to file an accident claim. These time limits depend on both the type of accident and the state in which the accident occurred. They can be very specifically laid out in statute such as in Illinois where you only have two years to file an accident claim for an injury arising out of a motor vehicle accident. Therefore it is important that you act fast after being involved in an accident. You will be unable to pursue this claim after the stipulated time limit has elapsed. Acting quickly will also help you to gather all of the necessary evidence and documentation needed to pursue a claim.
2. Report the accident: Make sure that the accident is reported to the necessary authorities. This creates an official paper trail which will be useful evidence in your case. Even if the accident seems small at the time it is always best to cover yourself by ensuring it has been reported. You should also seek the advice of a medical professional immediately. In order to file a claim for an injury you must have medical evidence of this injury.
3. Contact an accident attorney: Even if you are undecided whether or not you want to make an accident claim it is always advisable to meet with an attorney to discuss your options. Choose an attorney with the necessary experience to give you the best possible advice. If you have been involved in a car accident choose an attorney who works specifically in the field of car accident claims. Even if an attorney has been successful in accident claims for other areas of law this does not mean they will know all of the relevant law to take your case. Also understand that laws vary from state to state. Therefore if your accident happened in Florida you are best advised to hire an attorney with experience of pursuing accident claims within Florida.
4. ‘No win, no fee’ attorneys: If paying attorney fees is too expensive you should not let this deter you from pursuing a claim. Contact your local bar association who will be able to give you details of those attorneys working in your area on a ‘contingency fee’ basis. They will act on your behalf and only take a fee if your claim is successful. Otherwise known as ‘No Win, No Fee’ lawyers they can be a useful way to access the legal system. You should be aware that often the percentage they take from your overall claim can be as high as 40% so think carefully before choosing this option. It may be a much more expensive way to pay for a lawyer than on an hourly basis. If you choose this option always ask in advance what percentage they take and also if you will be expected to pay for additional expenses such as records and expert witness testimony.
5. Keep good records: Although you may be in a state of shock at the time of the accident it is still important that you keep good records of all necessary information. Note down the date and time of the accident and any recollection you have of how the accident occurred. You should also request a copy of the police accident report form and copies of any relevant medical records. If it is possible take pictures of any injuries sustained. Claims may take some time to process and therefore photographic records may be important at the time of the claim when signs of physical injury are no longer visible. If your claim goes to trial your attorney must show that the accident was the fault of the person you are claiming against and also that it caused the injuries for which you are claiming compensation. The burden of proof rests on your counsel therefore you should assist in any way possible to ensure a greater chance of success.
6. Record the impact upon your life: After the accident it is also a good idea to continue to record any details concerning your health, any days you are unable to work due to your injury. Your claim for compensation will not just be based upon your physical injuries it can also take into account psychological and emotional damage. Therefore it is important that you keep a record of this. Also record any expenses incurred as a result of your injury.
7. Talk to other victims: If the accident led to other people being injured it is a good idea to maintain contact with them. This may strengthen your case further down the line as they can act as witnesses to the events surrounding the accident.
8. Manage your expectations: From the outset you should discuss both your chances of success with your attorney and also what amount you can reasonably expect should your case be successful. As your attorney may try to save you time by agreeing to an out of court settlement it is also important that you tell your attorney what your expectations are. Part of your attorney’s job is to manage your expectations. If you are both open from the initial meeting this will make it easier for the attorney to manage your expectations from the outset.
Hopefully you will never be involved in an accident and therefore making an accident claim is never something you will have to do. However if the unfortunate happens it is always best to be prepared and know which steps to take to increase your chances of success. If you even have an interest in filing a claim talk to a specialized accident claim lawyer immediately.
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