To increase your chances of winning a car accident lawsuit after being injured in a crash, it is crucial to be aware of effective strategies. Taking immediate action is key, such as contacting a personal injury lawyer who is knowledgeable about the intricate laws and regulations in Texas. We can provide guidance on how to move forward with your case.
Before providing a recorded statement to the insurance company, it is advisable to speak with an attorney first. Insurance adjusters are responsible for settling claims for as little compensation as possible, and a lawyer can assist in presenting the facts without divulging too much information. It’s crucial to be truthful and concise when providing details about the accident, and avoid making any unfavorable comments that could devalue your claim.
Another important step is to gather all necessary documents promptly, such as police reports, medical records, and other evidence that can support your case. Your attorney can offer assistance in compiling and organizing the relevant information.
Contents
Collect Information After a Car Accident
- Names, addresses, and contact information for all:
- Drivers
- Passengers
- Witnesses
- Insurance information
- Vehicle make/model/year of all involved vehicles
- License plate numbers of all involved vehicles
- Date and time of the accident
- Police report or report number
- Medical records
- Photos
- Accident scene
- Vehicles involved
- Damage to each vehicle
- Tire marks
- Debris
- Any contributing factors to the accident
- Witness statements (written or recorded)
- Tow truck or salvage information
If there were witnesses at the scene of the accident, it is crucial to obtain their contact information and statements as soon as possible. Witnesses can provide valuable testimony that may be essential in establishing liability in court.
Additionally, seeking immediate medical attention after the accident is highly recommended. Doing so has several advantages. Firstly, it is advisable to get a medical checkup after a car accident since the adrenaline rush can mask underlying or unknown issues. Secondly, seeking prompt medical attention establishes a record of your pain and injuries, even if the full extent of your injuries is not yet known. By seeking help right away, a foundation is laid in your treatment records that can help to build the strongest claim possible, maximizing your insurance recovery against the at-fault driver and your ultimate compensation. It is also vital to keep detailed records of all treatment received to ensure that your medical bills are covered and provide additional evidence for your case if necessary.
Lastly, it is crucial to be aware of the critical mistakes you can make that may lower or entirely ruin your chances of a successful settlement or winning a car accident lawsuit.
Mistakes that Will Negatively Affect Your Case
Not telling the truth
In the context of a car accident lawsuit, it is crucial to be truthful at all times. Concealing prior accidents or injuries can be easily uncovered in today’s digital age, and any misrepresentation of the crash or your injuries can have severe repercussions. If you want to build trust with the jury or insurance adjuster, honesty is non-negotiable. Dishonesty can harm your chances of winning the lawsuit and should be avoided at all costs.
To increase your chances of winning a car accident lawsuit, it’s crucial to avoid social media at all costs. Ensure all your social media accounts are set to private, and don’t post anything new. Remember that insurance adjusters and opposing lawyers will scour your social media profiles for any evidence that could harm your case or undermine your injuries. Therefore, it’s best to avoid posting anything that could be misinterpreted. Furthermore, deleting any posts you’ve already shared is not recommended since it may lead to harsh penalties.
Waiving or Signing away your rights
Do not sign any checks, releases, waivers, or offers of settlement presented to you by insurance adjusters, defense lawyers, or claims adjusting companies that work for insurance companies without first consulting with your lawyer and having them review the documents. These documents may contain language that could forfeit your right to take legal action. Making sure you do not lose your legal right to sue is one of the most important steps in winning a car accident lawsuit.
Not following your doctor’s advice
If you have sustained injuries from a car accident, it is crucial to heed your doctor’s advice and attend all scheduled appointments for therapy and treatment. This will not only aid in your recovery and rehabilitation but also strengthen your chances of winning a car accident lawsuit. Failure to attend appointments can provide defense lawyers and adjusters with ammunition to question the extent of your injuries. Avoiding long gaps between appointments is also essential to avoid any allegations of feigning injury. In case you’re unable to make it to an appointment, make sure to notify your doctor’s office and reschedule as soon as possible.
Not filing on time
If you are involved in a car accident, you must take action within a certain amount of time or else you may lose your right to file a lawsuit. Failing to meet the necessary time requirements can lead to the dismissal of your case, making it impossible to win a car accident lawsuit. Therefore, it is important to familiarize yourself with the time limits for filing a lawsuit in your state and take action as soon as possible.
Being inaccurate on your forms
It is important to be as accurate as possible when submitting any documentation to your insurance company regarding a car accident, such as forms for wage loss, replacement services, out-of-pocket medical costs, attendant care, mileage, and more. This will help to reduce the risk of mistakes being made that could potentially cost you your case. The same applies when providing information to your health insurer and disability carrier. Any forms you submit will be closely examined by defense lawyers, claims adjusters, and paralegals during the course of a lawsuit in order to spot any signs of fraud or misrepresentation that can be used against you.
Talking to others
In order to safeguard your legal rights and increase the likelihood of a favorable outcome in a car accident lawsuit, it is crucial that you limit discussions about your case to your personal injury attorney. Avoid disclosing any information related to your case to anyone else as all communications between you and your lawyer are protected by attorney-client privilege. Sharing this information with others may result in forfeiting this privilege. Furthermore, it is important to refrain from discussing the details of your case with any doctors you may be seeing for your injuries, even if they inquire. Keep your conversations with them focused on your health and recovery. In court, they may be asked to provide testimony against you. It is also important to remember that any settlement offers, demands, or amounts you may be willing to accept should not be discussed with anyone, as this information could potentially be relayed back to insurance companies.
Conclusion
By following these strategies, drivers involved in a car accident in Texas can increase their chances of a fair settlement with the insurance company or successfully winning their claim in court if a settlement agreement cannot be reached.
CAR ACCIDENT CASE EVALUATION
Evaluating a personal injury case involves considering various factors that can affect the value of the case. Here are some key factors to consider:
- Liability: Liability refers to who was at fault for the accident. If the other party is clearly at fault, your case may be stronger.
- Damages: Damages refer to the losses you suffered as a result of the accident. This includes medical bills, lost wages, pain and suffering, and other related expenses.
- Severity of the injury: The severity of the injury and the length of recovery time can also impact the value of the case. More serious injuries may result in higher compensation.
- Insurance coverage: The amount of insurance coverage available can also impact the value of the case. If the other party has limited insurance coverage, it may limit the amount of compensation available to you.
- Jurisdiction: The laws and regulations in your state or country can also impact the value of the case. For example, some states have limits on the amount of damages that can be awarded in personal injury cases.
- Expert testimony: Expert testimony from medical professionals, accident reconstruction specialists, and other experts can help strengthen your case.
- Settlement negotiations: The strength of your case and the willingness of the other party to settle can also impact the value of the case.
For more information on what steps to take following a car, truck, or motorcycle accident, or how an attorney can help you with your case, contact the Law Office of Elena Vlady, PLLC for a Free Consultation and Case Evaluation.
