What Should I Do Right After My Accident
or Injury?
Have you been injured as a result of someone else’s
carelessness or negligence? If so, here
are some very important steps to take when you've been injured to help make
sure your claim is settled fairly and quickly:
·
Seek medical treatment as soon as
possible for your injuries; even if you are taken to the emergency room from
the scene of the accident, see your primary care physician right away to be
referred for tests, obtain required prescriptions for pain and any referrals
for additional treatment, including physical therapy or chiropractic treatment;
·
Take photographs at the scene of the car
accident or injury scene and any damaged personal belongings; take photographs
of any visible injuries such as bruises or cuts;
·
As soon as possible, write down
everything you remember about the accident, including when and where the
accident occurred, the names, addresses and phone numbers all parties involved
and any witnesses; and all insurance information for other parties;
·
Talk to a California personal injury
lawyer before making any statements, written or verbal, to insurance
company adjusters or representatives;
you may talk to your own insurance company (and you should always report
an accident to your own insurance company), but never talk to the other
parties’ insurance company representatives until you have talked to a
California personal injury attorney;
·
Get a copy of the police report when it
is available – this report is very important to your attorney.
How Do I Figure Out Who Is at Fault?
In most cases, you must prove the person who caused
the injury was negligent and that he or she did not use reasonable care. In
California, you must prove:
·
The person who caused your injury owed
you a duty of care;
·
The other person broke or breached that
duty of care;
·
The other person's failure caused your
injury;
·
You suffered damages (you must have
damages!).
Under California's comparative negligence law, if
your carelessness or negligence in some way helped cause your injuries, the
amount you may recover could be reduced by your degree of fault; but this is
not always the case so talk to an attorney first even if you think you may have
contributed to your injuries.
Under California's joint and several liability
rules, all parties responsible for your injuries are responsible for all of
your economic damages. These include medical expenses and lost wages. Each person
may be forced to pay all of your damages regardless of their degree of fault.
The law is different for noneconomic damages. These
include pain and suffering and emotional distress. These damages are split
between those who caused your injuries according to their degree of fault.
What Is My Claim Worth?
Under California law, the person who caused your injury is responsible for:
·
Past, current and future estimated
medical expenses
·
Time lost from work, including time
spent going to medical appointments or therapy
·
Any property that was damaged, such as
your vehicle or personal items in your vehicle
·
The cost of hiring someone to do
household chores when you couldn't do them
·
Any permanent disfigurement or
disability
·
Your emotional distress, including
anxiety, depression and any interference with your family relationships
·
Any other costs that are a direct result
of your injury
How Long Do I Have to File a Legal
Claim?
In most California personal injury cases, you only
have two years to file a lawsuit against the person or persons who caused
your injuries. If your attorney has not been able to come to a settlement agreement
with the responsible parties’ insurance companies or the parties themselves,
you definitely want to file a lawsuit before the two-year statute of
limitations runs out.
For more information on your personal injury claim,
visit our website at RudolphLegal.com and contact us.
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