If you have been injured in an accident, it is important to go through the entire process of filing a personal injury claim as soon as possible. Being fully prepared is the best way to strengthen your case. It is unwise to rely on insurance companies to do this for you. Your best interests do not coincide with theirs. Insurance companies will not willingly hand over money. You can expect them to conduct a thorough investigation into the events that occurred before even discussing compensation. If you have a history of related medical conditions, they will use that to reduce the value of your claim.
You’ll need an effective strategy in place to give yourself the best chance of regaining the life you had before your accident. Understanding that there are aspects of your case over which you have control will assist you in making the most of your personal injury claim. Read on as accident attorney Deirdre DiBiaggio discusses seven tips to help you get the most out of your claim.
1. Preserve Evidence
If you are physically able, you need to preserve evidence of your injuries as soon as possible after the accident. Take numerous photos of the accident scene, whether it is a car accident, a broken handrail, a frayed rug, or a faulty product. Make a note of the accident’s location, date, and time. Obtain the contact information of any witnesses to the accident. Contact the police to report a car accident. Never admit fault when asked, even if it seems obvious. When evaluating your personal injury claim, the court will rely on evidence. Preserving as much relevant evidence as you can is a great way to increase the value of your claim.
Throughout the claim, keep records of witness accounts, contact information, video evidence, photographs, police reports, receipts, and any other relevant documentation. Make physical and digital copies to ensure that you always have evidence if the original documents are lost.
2. Get Medical Attention and Follow All Treatment Plans Prescribed
Even if there are no visible signs of injury following an accident, especially a car accident, never refuse medical attention. The adrenaline rush that follows an accident frequently masks injuries. It may take several hours to realize how badly you have been injured, if not a day or more. As a result, even if the injury appears minor, you should seek medical attention. Do not “tough it out” or wait until the pain becomes unbearable before seeking treatment.
If your doctor has recommended physical therapy to help you with your problems, make sure you attend every session. If the doctor has prescribed medication, be sure to fill any prescription given. If your doctor has advised you to see a therapist for PTSD, take their advice.
Maintain accurate records for all doctors, specialists, and therapists, including contact information and dates of service. Keep all prescription and over-the-counter medication receipts. Keep receipts for any special equipment you may require for future reimbursements, such as bandages, canes, or braces.
3. Hire an Experienced Accident Attorney
It is essential to hire an experienced accident attorney as soon as possible after the occurrence of your injury because you only have a certain amount of time to file a lawsuit for your injury in Florida. According to Florida Statutes section 95.11(3)(a), you have four years to file a civil lawsuit seeking compensation for “an action founded on negligence.” If you miss this deadline, the window will then close, and you will no longer be able to take your case to court.
An experienced accident attorney will assist you in your time of need, guiding you through the complexities of the judicial system, advocating on your behalf, and dealing with insurance companies to ensure you receive the maximum compensation for your personal injury. There are several steps to filing an injury claim. After you hire a lawyer, they will assist you in assembling evidence such as police and medical reports, witness statements, and expense sheets, all of which will aid in proving your case and determining an agreeable settlement amount. All of this takes time, and it is good to remember that a claim can take anywhere from a few months to years to settle or go to trial.
4. Be Honest About Your Injuries
It is against the law to make yourself appear more injured to receive more compensation. Instead, tell the truth about your injuries. Even if you must go to trial, this will help you maintain your credibility throughout the process.
Don’t try to hide that you were in an accident before suffering injuries. Another accident can sometimes aggravate your injuries. If this applies to you, you can use it to increase your compensation. Hiding previous injuries can be detrimental to your case.
5. Know the Value of Your Damages
You may be dealing with more than just a broken wrist. In addition to the physical injuries, you may be dealing with emotional issues such as stress, anxiety, PTSD, and more. Alternatively, there could be unseen internal traumas causing hidden damage.
Make sure to consider all the damages you’ve suffered when filing your claim. You might not even be aware of the extent of your injuries in some cases. It pays to work with a reputable accidents lawyer in this situation. They can examine your case and assist you in identifying other types of damages that you may not have considered previously. These payments are frequently in addition to the money you’ll get back for your out-of-pocket expenses.
6. Don’t Settle Your Claim Too Quickly
It may be tempting to take the money and run, but making a hasty decision can leave you out in the cold later. A personal injury claim can take months, if not years, to resolve. It can take a long time to determine whether specific injuries require surgery or extensive therapy. You want to get the most out of your benefits, not give them up.
This is where your accident attorney can assist you in determining what needs to be done to receive the compensation you require. As you seek a fair settlement, your lawyer will assist you in building your case and communicating with the other side. You’ll also have someone on your side who knows what to do if your case goes to trial.
7. Stay Off Social Media
Every person’s life has become an open book in the age of technology. Wait until your case has been resolved before using social media. “Anything you say can and will be used against you in a court of law,” they say, and that includes what you say on social media.
Putting pictures of yourself at the beach, at the ballgame, or at the club on Facebook will only hurt your case. The opposition will track them down and use them to demonstrate that you are not as hurt as you claim. Also, never discuss your case or injury with anyone other than your accidents lawyer.
DiBiaggio Law, Trusted Accidents Lawyer in West Palm Beach, Serving Palm Beach, Broward, Miami-Dade and Monroe Counties
If you have been in an accident in South Florida and suffered a personal injury, having a reliable accident attorney in your corner can drastically improve your circumstances. Whether you have missed work due to your injury or you’ve acquired a stack of medical bills, an attorney can take the stress and frustration out of the claims process.
Our legal team at DiBiaggio Law will guide you through each part of the process. We work exclusively on a contingency fee basis. We proudly provide free case evaluations to all clients.
At DiBiaggio Law, we fight hard for our clients using individualized and effective representation. If you are ready to pursue damages or monetary compensation for your wrongful injuries, reach out to our accidents lawyer team at DiBiaggio Law. Get the help you need by scheduling an appointment for a free evaluation of your case today at (561) 473-9800. You can also fill out our contact form here.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.