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If You Are A Victim
Of A Car Accident
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If
you let the statute of limitations expire before a lawsuit is filed, you will lose
all
rights to prosecute your claim for any type of car accidents.
Some deadlines will prevent you
from starting a lawsuit.
As with any
personal injury claim there are important deadlines. We talk with many people every year
who don't get the money they deserve because they waited too long to contact a lawyer.
Statutes of limitation apply in all personal injury and wrongful death claims which limit
the time you have to file a lawsuit on your claim. If you let the statute of limitations
expire before a lawsuit is filed, you will lose all rights to prosecute your claim, and
accordingly all hope of obtaining compensation from the party(s) who caused your injuries.
In some cases
there is a six month statute of limitations that begins to run on the date of the motor
vehicle collision. It is important to start this process soon after the accident.
Furthermore, it can sometimes take several months to sort out all of the individuals or
companies who have legal responsibility and should be held responsible in your lawsuit.
As you can
see, it is critically important to obtain competent legal advice early on if you or a
loved one has been injured in an automobile collision, particularly in serious accidents.
What you do at the scene of the
accident will affect the outcome of your injury claim.
You are not
alone, personal injury or wrongful death claims involving automobile collisions is one of
the most common types of accidents. We have helped many people through this difficult
time. We know what to do and what to avoid.
If you or a
loved one has the unfortunate experience of being injured in an automobile collision, what
you do at the scene of the accident can make a difference in winning or losing your case.
If you did not complete each of these tasks at the accident scene, contact us immediately
and we can help you with your case.
Here are some rules to follow at the
scene of the accident:
1. Notify the police immediately;
2. Do not leave the scene unless instructed to do so by the police;
3. Do not talk to anyone about the accident or about your injuries, except the police and
medical personnel;
4. Do not admit fault;
5. Write down names, addresses, and phone numbers of people involved, and of
witnesses. (Independent witnesses often make the difference in how a case comes out);
6. Write down the state and license plate number of each vehicle involved; and
7. Seek immediate medical attention if you believe you have been injured.
Their purpose is to
"control" you and keep you from hiring an attorney.
You
may be surprised at how soon after you are involved in an automobile collision that you
are contacted by an investigator or a claims representative from an adverse insurance
company. Do not be fooled! These people are not there to help you, despite what they may
say. Years ago, as an insurance adjuster, we were trained on how important it was to be
nice as well as sympathetic to an injured claimant. The purpose of course was to
"control" the claimant and keep the claimant from hiring an attorney, which of
course usually meant settling the claim cheaper, sometimes a whole lot cheaper.
These investigators
or claims representatives for an adverse party will often try to create the appearance
that they are not your adversary, by telling you that it was all their fault or that they
will "take care of everything" for you. When push comes to shove, these
statements will not bind the insurance company in court. They are designed to lull you
into believing that these people have your best interests at heart, and to keep you from
seeking legal representation.
Tell your doctor about every
part of your body that is causing you any pain or discomfort.
Another thing that becomes very important is seeking immediate medical attention for your
injuries and also diligently following up for continuing medical treatment. We have seen
way too many cases where a client has damaged their own case because they failed to
follow-up on their own medical treatment. Also, tell your doctor about every part of your
body that is causing you any pain, discomfort, or other problem so that this can all be
written down in your medical records.
Sometimes what
initially appears to be a minor problem, turns out to be an injury with significant long
term consequences. For example, if you have had numbness in your right arm and hand since
an auto accident, but only first mention it to your doctor a month or two later, you can
bet this will come back to haunt you. Along these same lines, statements to medical
personnel that you are doing well or you are doing "ok" will inevitably be used
against you. On the other hand, do not try to exaggerate or fake your injuries. Simply
make sure the injuries that you do have are documented and not diminished by your own
statements.
Collect a copy of all documents.
The following are a
few additional points to keep in mind. It is a good idea to take photographs of your
vehicle, particularly where the damage to the vehicle is significant. Often, your car will
be towed from the scene and will be determined to be a total loss by an insurance company
and you may never see your vehicle again. So, find out where your car is and go yourself
or have someone else go and take photos before your car is disposed of. Also, save copies
of all of your medical bills. Furthermore, submit your medical bills for prompt payment to
either your own automobile insurance company if you have medical expense type coverage on
your auto policy, or to your own health insurance company. These companies will pay the
expense (according to the coverage), although they may later assert a claim for
reimbursement or subrogation in an attempt to recover moneys that they paid out.
In automobile
collision cases, finding enough insurance coverage often becomes critically important. Not
only the insurance policy covering the responsible driver is important, but any insurance
policy that may provide uninsured motorist coverage or under insured motorist coverage for
you is also important. The prosecution and interrelationship of these claims, some of
which must be prosecuted in the court system and others that must be arbitrated can cause
a host of problems for the inexperienced.
In summary,
these are some of the pitfalls involved even in a simple two car automobile collision. As
you can see, particularly if you or a loved one is seriously injured, there is no
substitute for competent legal advice and representation, and an attorney can provide you
the greatest benefit if consulted early on.
You have nothing to
lose and much to gain by contacting us
for a free legal consultation.
Simply fill out our online case information form.
Free Legal
Consultations.
Call Today!
(800) 709-1123
Free
Consultations
You may contact us by telephone toll free at (800) 709-1123
Use our online consultation form or by e-mail.
R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail: rfw@injurylawattys.com
      
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For car accident victims
