Please note that the content of this post does not constitute legal advice nor does it create an attorney/client relationship and is for general informational purposes only.
Almost everyone finds themselves in a motor vehicle accident at some point in time. It’s almost inevitable. But to preserve your legal rights, you want to make sure you take the proper steps to ensure you preserve your claim.
First, make sure to write what happened down as soon as you were in the accident. Take as many photos and videos as possible. If the other driver says anything to you, make sure to write it down. Write down what the other person’s demeanor was at the time of the accident. Details fade from your memory fast, so it’s important to write down all of these details. If you think the details may be adverse to you, avoid writing these downs, as they could be used against you.
Additionally, you will want to see a medical provider if you are experiencing pain or discomfort in any way. Adrenaline is a powerful thing, and although you may not feel pain at the moment of impact, that pain may surface in the following hours or days. As soon as you feel any symptoms of the crash, it’s important to visit a medical provider to document the pain and experience that you are going through. Otherwise, insurance will often try to discount your experience, or claim that any alleged injuries are imagined. Furthermore, you will want to follow up with post-accident care. If you need physical therapy, chiropractic, or other care, pursue it.
You often will have personal injury protection in your own auto insurance which will cover treatment to a certain threshold. You will want to check your policy to determine coverage.
Often times, a lawsuit will be the last thing on your mind, but it’s important to reach out to a personal injury attorney who can advice you on the preservation of evidence and steps you can take to ensure you do not introduce any complications into your claim. Ultimately, attorneys do not provide medical advice, but they will make sure to gather all information necessary to maximize your personal injury claim and will encourage you to pursue medical treatment that is necessary.
Most personal injury attorneys will take cases on contingency, meaning they will not charge you upfront (many cases can exceed 10s, or 100s of thousands of dollars to pursue), and instead will front the legal costs (sometimes with great risk) in exchange for a percentage of the recovery – often between 33% and 40%.
Personal injury claims can be complicated as you often have to reimburse medical expenses. It’s important to work with a personal injury attorney to mitigate the risk of these liens on your recovery, and maximize recovery that may occur for pain and suffering and other emotional distress injuries. You only get one settlement – and therefore it’s important to maximize your recovery, as you may be living with your injuries for the rest of your life.
If you have recently been in a motor vehicle accident in Clark County or Cowlitz County (Vancouver, Camas, Battle Ground, Longview), please feel to reach out to us for an initial consultation, free of charge.
This article was written by Joseph Wagner, a personal injury attorney serving employees in the State of Washington. It should not be construed as legal advice or creating an attorney client relationship. For more information, please reach out to us to schedule a consultation to apply to the facts of your situation.