AUTO AND TRUCKING ACCIDENTS CREATE LEGAL AND PERSONAL ISSUES - WHAT TO DO?
When individuals become the victim or are a party to a collision or motor vehicle accident, a myriad of insurance and legal concerns may present themselves. To preserve and protect their rights, it is critical that motorists, passengers and pedestrians who are involved in serious accidents immediately collect and preserve evidence for future dealings with insurance companies and for possible litigation. Such items include police reports, accident photos, witness statements, driving records and medical records.
As litigation attorneys, it is not at all uncommon for our firm to see injury victims incur medical bills, property damage, lost wages or pain and suffering as a result of such incidents. As a victim, these are all items for which they are entitled to compensation. Injuries affect entire families through loss of services, lost wages, loss of companionship and even the loss of love and affection of the injured person. Achieving just compensation for people involved in any type of automobile, motorcycle or trucking accident, as well as those affected by the event, requires active participation by not only a skilled attorney familiar with such areas of practice, but by the victims and families themselves.
Injuries caused by the neglect of another are often referred to as "personal injury cases" within the legal community. If you are involved in such an accident or event involving an automobile, a, semi-tractor trailer, commercial truck, motorcycle or other type of motor vehicle, there are a number of things you should keep in mind to protect your rights and the evidence involved.
If you've been injured in an accident, it's important to record as much information as you can about the accident. Do this as soon as possible so as to allow your recollection to be as complete and accurate as possible.
Some important matters to document include a complete description of how the accident happened (particularly general details such as time of day, weather, and traffic conditions); the names, addresses and insurance companies of every person involved; and the names and phone numbers of any witnesses who may have seen the accident or arrived shortly thereafter. Also, you should attempt to secure the names of emergency medical personnel and police officers who respond.
Attempt to take pictures of anything that will help prove your injury or how the accident occurred (this is facilitated by keeping a disposable camera in your glove compartment at all times). This could include photos of yourself, your car, items in your car that were damaged, and possibly even the clothes you were wearing.
Many attorneys or victims with experience with such incidents would tell you that if you feel you've been injured, you should consult a personal injury lawyer before talking to any insurance company adjusters or representatives. Most attorneys will not charge a fee for such an initial consultation, and an attorney's advice may go a long way towards obtaining the peace of mind that you are doing the right things in the event your injury or injuries should become more serious and require treatment.
Most plaintiffs' attorneys would advise that you not speak with an insurance representative without first speaking to an attorney or being represented by counsel. Insurance adjusters and agents may not have your best interest at heart. After all, they do work for the insurance company, not you. These individuals are typically trained and skilled to protect their company's interests, not those of the victims. Additionally, injuries can be tricky for victims to comprehend or quantify without specific medical and legal knowledge to do so.
Personal injury attorneys typically work on a contingency fee. This is commonly known as a percentage contract. They are not paid their fees until they successfully negotiate an outcome for their client....be it by settlement or trial. This is often beneficial to victims as it does not require cash up front to pay for the skills and benefits of a qualified personal injury attorney.
Keep in mind that insurance companies are used to dealing with these matters, and have their own, specialized teams devoted to these sorts of claims. They may pressure you to take an early settlement, which often may not adequately cover your needs, or be near the amount you are entitled to collect.
As previously noted, there are a lot of difficult issues to decipher in figuring out how much you are owed or entitled as a victims. While not all-inclusive, the below factors are some of those items addressed:
* Property damage
* Lost work time (including time spent attending medical appointments)
* Loss of future earnings or wages
* Current and Future Medical expenses (including emotional and mental)
* Medical Injuries (including pain and suffering or disability)
* Home health care and home worker costs
If you've been hurt in an accident, you obviously have a lot on your plate. Additionally, you are probably not in the best shape either physically or mentally to deal with all of issues that develop from an injury or accident. Nevertheless, it is important that you address these issues in a timely manner to protect your rights and preserve a possible legal claim. If your medical or emotional condition prevents you from moving forward yourself, a qualified personal injury law firm can take on these tasks for you. Retaining a personal injury firm may also give you peace of mind in knowing that you and your family are taken care of as you move forward with the consequences of the events surrounding an accident or collision.
Accident reports can typically found after 10 days following the date of incident. Most reports can be found on the Indiana BMV website:
As a full service personal injury law firm, Kooi Law Firm is dedicated to providing strong counsel and aggressive legal representation to clients throughout the States of Illinois and Indiana. Our Firm represents individuals who have been the victim of auto or trucking accidents. We represent individuals and their loved ones, and never work for or defend insurance companies.
Kooi Law Firm
1-866-569-1335
www.IndyFirm.com
The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
