Use Your Resources: 5 Early Do’s and Dont’s That Can Affect the Outcome of Your Case

Baseball games have something in common with car crash claims. They say baseball is a game of firsts. Teams that record the first out of an inning and the first run of a contest usually win most of their games.

The same thing applies to a personal injury claim. An aggressive and experienced attorney makes the difference in the long run, but in the first few hours after the vehicle accident, it is up to you to make a difference. Knowing what to do, and what not to do, has a tremendous impact on the claim’s outcome.

Do Talk to Witnesses

First responders usually interview a witness or two, but their primary responsibilities involve securing the scene and directing care to injured persons. In terms of witness interviews, responders only need bare-bones information for their reports. Moreover, many people do not like talking to police officers, for various reasons.

So, first responders often miss lots of potential witnesses. Since the victim/plaintiff has the burden of proof at trial, it’s important to have as many witnesses as possible. Even if they only saw part of the accident or do not want to testify at trial, get their names and contact information anyway.

Don’t Talk to the Insurance Company

The tortfeasor’s (negligent driver’s) insurance company often wants to talk to victims at the scene to get their statement. These statements are carefully recorded, not for training purposes, but to use against the victims in court. Insurance company operators know how to extract damaging information from victims without their knowing it, and they also know that it will be almost impossible to get such information once they are represented by attorneys. Common tricks include obtaining a waiver for medical records and setting up a contributory negligence defense.

Do Look for Surveillance Cameras

Video evidence is often even better than witness testimony, because video evidence is very difficult to challenge in court and it is almost never wrong. Video cameras are in many places. Often, there is a red light camera at the intersection, store surveillance cameras nearby, and amateur videographers at the scene.

Don’t Delay a Doctor’s Appointment

Even if you do not feel injured, see a doctor within twenty-four hours. Many car crash injuries, like whiplash, take time to develop. Also, if the victim does not go to the doctor straightaway, the insurance company will later argue that the victim’s injuries were not very serious. If you have no insurance or money, an attorney can send the physician a letter of protection, so you do not have to pay anything upfront.

Do Call an Attorney First

The sooner a lawyer gets started, the stronger your case will be. For example, an attorney must take immediate steps to preserve electronic evidence in the case, such as the vehicle’s Event Data Recorder. These efforts make a big difference when the case goes to mediation or trial.

Knowing what to do, and not do, after a car crash makes your lawyer’s job easier.

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Emma

Emma covers dating and relationships for Unfinished Man, bringing a witty woman's perspective to her writing. She empowers independent women to pursue fulfillment in life and love. Emma draws on her adventures in modern romance and passion for self-improvement to deliver relatable advice.

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