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Ive Been In An Accident. Now What?

 

A:

Obviously, being in an accident is a traumatic event.  You may feel a degree of powerlessness or despair over the situation.  However, there are a number of actions that an accident victim can do to take charge of the situation, such as:

1.  Seek medical treatment.  It is important to seek medical attention as soon as possible after an accident.  Some injuries take time to cause symptoms and it is important to see a medical professional as soon as possible.  If there is a gap of time in between the accident and when you first seek medical attention, this may be used against you to suggest that you were never injured in the first place.

2.  Tell all symptoms to your doctor, no matter how minor.  It is important that you tell your doctor every ache, pain, and symptom you feel after an accident.  Many times what seems like a small ache in the weeks after the accident is actually a significant medical problem.  Again, the failure to relate all symptoms after the accident could be used against you in later litigation or settlement talks.

3.  Obtain witness information.  If there are any witnesses to the accident, you need to obtain their contact information.  Do not rely on the police officer to get their information.  Many times witnesses will check to make sure everyone is OK, and then leave the scene.  Try to get their name and phone number.

4.  Obtain information about the other party.  If the case involves a car accident, for example, you need to obtain the name of the other party, their insurance information, and any statements the other driver has made.  The best way to obtain this is through the investigating officer.

5.  Watch what you say.  Obviously you need to cooperate with the police in their investigation.  And as noted above, be sure to describe all symptoms to your doctor.  However, think of the information exchange after the accident as a one-way street.  Try to obtain as much information as possible, but limit any statements you make.  When you do talk, provide “just the facts.”  Do not guess, or reason that something “must be the case.” 

6.  Get photographs.  It is critical that you begin to gather evidence as soon as you can after the accident.  The most effective evidence is often photographs.  Always photograph all visible injuries as soon after the accident as possible.  If you were involved in a car accident, photograph the vehicles involved.

7.  Get documents.  Keep all documents you receive from the police officer, your physicians, the insurance companies, the repair facilities, and anyone else you receive relating to the accident.

8.  Consult a lawyer.  Some minor personal injury cases can be handled without a lawyer, but most cases require legal representation to obtain the maximum recovery.  The laws governing liability, damages, and insurance coverage are complex.  The opposing party’s insurance company will almost always hire a lawyer to defend their insured. 

Most attorneys agree to a free consultation prior to being retained.  Accordingly, you can talk to an attorney and discuss your case without retaining them as a lawyer.  Then you can make an informed decision as to whether to hire a lawyer, and if so, which law firm.


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Bucci & Dix
11449 Robious Road
Richmond, Virginia 23235
Phone: (804) 888-9500
Fax: (804) 888-9507
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