10 Steps to do after an Accident

1. The accident. Often people are injured but think they will be fine, so they do not even make a written report of their accident. Police officers will often not make a written report if no one says they are injured.  In a commercial setting be sure to report your accident.  If you trip and fall, stay down until someone can come and assist you.  Ask for and obtain the manager’s business card and provide all of your contact information so the responsible party has your information.  If photographs will help evidence the cause of your accident be sure to have someone take pictures before the accident site is cleaned up, changed, or fixed  These early steps can often make the difference in having a successful claim.

2. Getting Prompt and Necessary Medical Care. Make sure you get medical care so you can get better as soon as possible. There is nothing more important than your health. If you declined medical assistance at the time of the accident and your symptoms either get worse (or do not lessen as quickly as expected) than see your family doctor asap, or go to the ER, if necessary. Explain your symptoms and be sure to be clear on what body parts are hurting.  Make sure to link the symptom(s) onset to your accident.  Creating a paper trail that proves that you were in an accident that caused injuries are steps that every accident victim should follow. If your symptoms do not improve seek out a referral to a specialist such as an orthopedist, neurologist, or physical therapist.

3. Follow Your Medical Provider’s advice. You were referred a physical therapist or other medical specialist and she gave you advise-follow-it. I am amazed at the number of patients who get referrals, but never go, or go and then soon stop following the expert medical advice.  If you are in pain and just did not like the first doctor, then go to another.   Getting better is more important than any monetary compensation your attorney can achieve.  All medical decisions are yours to make and bad decisions may also negatively impact your claim.

4. Hire an Experienced Attorney. By hiring an attorney soon after your accident you can concentrate on healing and not responding to insurance questions, or insurance paperwork. Attorneys who work on accident cases typically work on a contingency fee and advance costs, and a good attorney will get you a net recovery that is much greater than what you will get on your own. Ask about the attorney’s experience and make sure you feel comfortable with who you hire, so your focus can be on healing and not paperwork.

5. What record keeping. The injured person should keep a journal of daily/hourly pain, lost time from work, missed social events, anything that would have been different had the accident not occurred. Often it takes months or years to resolve a claim so it is important to keep a diary while injuries, lost sleep, missed activities are fresh in the mind.

6. What is the timeline for a claim. Nothing can happen in terms of a settlement until the injured person is fully recovered, or there is a clear picture of the future medical needs/costs. The responsible parties’ insurance company will not just write a check for the damages caused.  The insurance company or other responsible party will require that a general release be signed. The release typically states that in exchange for a certain sum of money that the injured person cannot bring any future claim for damages against this responsible party. As such, never settle a case early when the extent of injuries, medical care, lost wages, etc. are not fully known.

7. Gathering Records. Once the injured person has recovered and/or stopped treating, then the medical records and lost income documentation will be obtained. Also, if the medical care was covered by Medicare or a private health insurer, then a “Lien” will be obtained which sets forth the amount of care paid by the insurer. When the case is completed your attorney will negotiate the amount of the lien that needs to be re-paid.  There are many cases and statutes that may come into play depending on the health insurance, so make sure your attorney is adept at not only getting a great recovery, but also reducing the lien as much as possible, so that the net recovery to the client is as much as possible.

8. Making a Demand/Settlement. Your attorney will make a demand to settle. The demand will include your personal history, injuries, impact on life, amount of general damages (pain and suffering) and special damages (paid/owed medical bills and lost income). Photographs of the accident scene, vehicles, and of the injured claimant are all items typically included in a demand package. The client should always approve the amount of the demand, and the attorney is not ethically allowed to accept any final offer without the client’s consent.  Once the parties agree on an amount, then the claimant signs the release (discussed above) and then the attorney receives the check, pays the lien, any costs advanced, the legal fee, and sends the balance to the client.

9. Filing a Lawsuit. Sometimes when the accident victim is looking at a long period of recovery it makes sense to file a lawsuit early on. This way time is not lost going through the demand process only to have the other side be unreasonable and then having to file anyway.  Also, by filing one obtains the ability to subpoena or demand records. The process of healing, getting records, and then settling are mostly the same.  However, in litigation there will be written discovery (interrogatories) and depositions (oral questioning that is under oath and transcribed by a stenographer).  If a case nears a trial date then the parties also disclose expert witnesses and may have depositions of such experts.  Courts usually require a settlement conference or mediation to help the parties reach a settlement, and just a small percentage of cases are actually tried (especially since COVID-19), as the criminal cases take precedent in most courthouses, so there are usually just a few courtrooms available for civil disputes.

10. Asking Questions. Your lawyer should always be available to respond to your emails and telephone questions. An informed and comfortable client is one who will recover from her injuries knowing she is in good hands.

If you or someone you know was injured in an accident in California, please consider the Law Offices of Matthew Wertheim.  Matt has represented injured persons throughout the state since 1987 and has the extensive experience every accident victim needs.