Available 24/7
If you were hurt in a car accident, you might be considering taking action against the at-fault party. While a financial award could make all the difference right now, giving you the funds to get your life back on track, a payout is never a foregone conclusion.
Fortunately, there are a few ways to gauge whether you have a compelling case. In this article, we look at a few questions you should ask yourself before proceeding with your claim:
1. Did I Play a Role in Causing the Wreck?
Georgia is a modified comparative negligence state. In other words, you can only recover damages if you can show that you were less responsible for causing the wreck than the opposing party. As such, even if you played a major role in causing the accident, it might still be possible for you to receive compensation. For instance, perhaps you were making an illegal lane change when disaster struck. In this situation, it might still be worth discussing your case with a personal injury attorney.
2. When Did I Visit the Doctor?
If you haven’t yet undergone a comprehensive medical assessment, you should do so immediately. Failure to seek treatment within a reasonable timeframe after a wreck could make it difficult for you to recover compensation. For instance, the insurer might assert that your injuries can’t be as severe as you are claiming as you didn’t require urgent medical attention. Additionally, visiting the doctor promptly after the accident will ensure that you have a paper trail of evidence tying your injuries to the wreck.
3. What Evidence Did I Gather at the Scene?
The accident scene is a potential treasure trove of proof, so it’s important to scour the area for anything that might help support your case. You should take pictures of the vehicles involved, your injuries, debris from the wreckage, road markings, street signs, and any other elements that could help corroborate your version of events.
Additionally, if anyone saw the accident happen, you should write down their names and contact numbers as your attorney may want to speak to them. If you or someone else captured footage of the accident on a dashcam, you should request copies of these videos and save them on a reliable and secure cloud server.
4. Did I Speak to the Insurer?
Once the opposing party’s insurance company is made aware of the wreck they will likely reach out to request a recorded statement. However, you need to be careful about agreeing to this request as it’s all too easy to say something that could be used as evidence to challenge your credibility.
Before you’ve had an opportunity to investigate the wreck and assess your damages, you can’t be certain that you won’t share inaccurate or untrue information. If, however, you already spoke to the insurer, you should make copies of any correspondence—or notes you took during conversations—and share these with your attorney.
The Dos and Don’ts of Building a Car Accident Claim
Success in a car accident claim can often depend on taking certain steps over the course of proceedings. Additionally, you will need to avoid mistakes and missteps that might hurt your chances of recovering a fair settlement.
In the wake of a serious accident, these new responsibilities can start to feel overwhelming. However, don’t worry, we’ve got a few tips to help guide you through the weeks ahead. Here are a list of some of the most important “dos and don’ts” when you’re building a car accident case:
1. Do Seek Medical Treatment Immediately
Impact injuries are among the most common suffered in car wrecks. As such, even if you feel fine, it’s possible you may have suffered a serious injury that isn’t yet presenting with any symptoms. Additionally, some life-threatening conditions such as brain trauma may—at least initially—have relatively minor symptoms such headaches, nausea and dizziness.
For these reasons, you should always visit the doctor as soon as possible to undergo a comprehensive medical assessment. This will ensure that, if you are injured, you receive the treatment you need, preventing further health complications down the line.
Taking this step will also help mitigate disputes during proceedings. For instance, if it took you weeks to schedule a doctor’s appointment, the insurer might assert that your condition can’t be as severe as you are claiming because you didn’t require immediate medical attention.
2. Don’t Post about the Accident on Social Media
As more and more conversations move to the digital space, insurance companies have also begun to shift their investigations to the world wide web. The insurer may monitor your social media profiles for evidence that could be used to challenge your credibility. As such, anything you post—even if it’s not related to the accident—could give the claims adjuster ammunition to dispute aspects of your case. As a rule, it’s best to deactivate your accounts for the duration of proceedings.
3. Do Take Your Recovery Seriously
Once you’ve received a diagnosis, it’s important that you remain diligent about following your doctor’s orders. Any signs that you deviated from your treatment plan could give opposing parties room to assert that your own negligence caused your recovery to stall or your condition to worsen. Whether you’ve been instructed to attend follow-ups or take prescription drugs, make sure you follow your healthcare providers’ orders closely.
4. Don’t Forget to Track Your Damages Carefully
In a personal injury case, you will need to provide proof for the damages you incurred in order to obtain compensation for such losses. As such, you should compile any associated receipts, invoices, bills, letters, and other documentation in a safe place.
Discuss Your Case with an Atlanta Car Accident Attorney
If you were hurt in a serious car wreck, it may be in your best interests to discuss your situation with a skilled personal injury lawyer. At Moebes Law, we can assist with almost every aspect of building your claim, whether it’s gathering the necessary evidence to support your case or filing the relevant paperwork. Call us today or head over to our contact form to request a free case evaluation with a Georgia car accident attorney.
