Initiating The Personal Injury Claim Process: Key Steps To Follow
Ideally, the personal injury claim process commences immediately following the incident. If feasible, dial 911 or have someone at the scene do so. Prompt communication with emergency services is always beneficial to a claim later on, as it prompts the police to investigate the scene and file a report, strengthening your evidence.
After emergency services have been requested, the first step should always be seeking prompt medical attention, prioritizing your health above all. When getting medical attention, it is crucial to:
- Report all your symptoms, irrespective of their severity, ensuring the medical professionals treating you fully comprehend your condition.
- Get all your injuries treated and begin establishing a medical record for your case from your first treatment session.
These records are pivotal to your case, as they tell the story of your injuries and the treatment process, setting up your claim for settlement. Moreover, consistency in following up on treatment and discharge instructions is vital.
Once you’ve undergone initial medical treatment, it’s best to contact an attorney who you can trust to help you navigate the next steps in the process. Your attorney will explain what the road ahead might look like and begin working to gather evidence – both from the accident scene and witnesses. This is one reason why contacting an attorney early on is so beneficial, because they can obtain statements from witnesses before their memories fade or before potential insurance company investigators start their own counter-investigation.
Additionally, it’s particularly crucial to consult an attorney before providing any statements to insurance company representatives. Remember, any information given to the insurance company can be used against you if your case goes to trial. So it’s best to avoid saying anything potentially harmful to your case and allow your attorney to guide you through this process.
Essential Information And Evidence Required To Build A Robust Personal Injury Case
A personal injury claim that is well-prepared from the onset often yields the best settlements. To prepare a case, an adept attorney seeks information such as:- Names of all parties involved in the incident.
- Names of all the witnesses.
- Details about the at-fault party’s insurance, including the name of the insurance company and their policy number.
- Your own insurance details, especially if the at-fault party lacks insurance.
- Knowledge about your uninsured or underinsured motorist coverage to initiate a claim process for your injuries and damages.
- Anticipate what the insurance company and their defense attorneys might use against you.
- Develop strategies to mitigate potential arguments and possibly exclude them if they arise at trial.
The Impact Of Partial Fault On Personal Injury Claims In Washington
Contrary to the common misbelief, even if you are partially at fault for an incident, you can still file a personal injury claim in Washington. Being a comparative fault state, Washington allows you to bring a claim even if you share some responsibility for the accident. However, your damages will be reduced proportionately to your fault percentage. For example, if you are 40% at fault with damages of $100,000, your award would be reduced by 40%, yielding a total of $60,000. Determining fault depends on evidence like witness statements and photographic proof. Insurers often base their initial fault determinations on minimal investigations, potentially leading to erroneous conclusions. In disputed liability cases, your attorney plays a critical role in offering a more nuanced perspective of the incident. Experts like accident reconstruction professionals can help establish the actual degree of your fault, which can significantly influence the insurer’s initial liability impressions and the settlement.Communicating With The Other Party At The Accident Scene
While it’s acceptable to communicate with the other party at the scene, you should never admit fault or discuss who was responsible. Anything you say could be used against you at trial and communicated to the insurance company by the other driver or the at-fault party. Therefore:- Offer assistance if needed but avoid discussing fault.
- Remember that statements made at the scene could negatively impact your case evaluation and potentially reduce your settlement.
