Do’s & Don’ts After an Accident
March 27, 2023
Sustaining personal injuries in an accident can be a devastating experience. In 2021, 19,448 sustained serious injuries in an accident in Texas, according to official data. That is why accident victims must protect their right to fair compensation.
At the Rodman Law Office, I strive to help residents in Austin, Texas, get the fair compensation they deserve. I have everything necessary to help you through the process while keeping your best interests in mind. I proudly serve accident victims throughout the state, including Travis, Williamson, and Hays Counties, Texas.
Filing a Personal Injury Claim in Texas
A personal injury claim in Texas is a legal action taken by someone who has been injured or harmed due to the negligence or fault of another person or entity. The purpose of a personal injury claim is to seek compensation for the damages and losses that the injured party has suffered as a result of the incident.
Personal injury claims can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, dog bites, and more. To successfully pursue a personal injury claim in Texas, the injured party must prove that the other party was at fault for the incident and that the injuries directly resulted from the incident.
Suppose the injured party is successful in their claim. In that case, they may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses. It’s important to note that there is a statute of limitations for personal injury claims of two years in Texas. As a result, accident victims have two years to file a claim after an incident. It’s always best to consult with a personal injury attorney to determine the best course of action for each case.
Things to Consider When Filing a Personal Injury Claim
Here is a list of dos and don’ts when filing a personal injury claim in Texas.
Don’t Leave the Scene of an Accident Without Exchanging Information
When involved in an accident, drivers have a legal obligation to stop their vehicle, exchange information with the other parties involved, and render assistance if anyone is injured or in need of medical attention. Failing to do so can result in criminal charges, fines, and even jail time, depending on the severity of the incident.
Don’t Talk about a Personal Injury Claim With Others
Discussing the details of a personal injury case with others is generally not recommended, especially if the case is still ongoing. Doing so could potentially harm your case and be used against you in court. Doing so may lead to the following issues:
Violation of privacy concerns.
Unintentional misrepresentation of facts.
Damaging statements that could affect the claim’s outcome.
Potential interference with investigations and litigation due to unsolicited advice.
Don’t Talk to the Insurance Adjuster
When filing a personal injury claim, claimants may receive a call from an insurance adjuster representing the other party involved in the incident. While it is important to cooperate with the claims process, it is generally not recommended to talk to an insurance adjuster without consulting an attorney first. Please bear in mind the adjuster represents the other party. The lack of legal expertise on the claimant’s part and the pressure to settle quickly may lead to an unfair outcome.
Don’t Accept the First Deal Offered
The first offer is generally a lowball offer. Insurance companies use accident victims’ needs and financial situations to settle quickly. Insurers prey on unsuspecting victims hoping to settle for less than they should. That is why consulting with a personal injury attorney is ideal before accepting an offer.
Don’t Neglect Injuries
The first and most important step is to seek medical attention for injuries. Everyone’s health and well-being are the top priority. So, make sure to receive appropriate medical treatment as soon as possible. Medical records will also serve as evidence of injuries later in the claims process.
Do Contact a Personal Injury Attorney
Consulting with a personal injury attorney before filing a claim is always a good idea. An experienced attorney can help accident victims determine whether they have a strong case and can advise you on the best course of action.
Do Keep Records of Everything
Collect any evidence that you can to support the claim. Record keeping might include photos of the accident scene, witness statements, police reports, medical records, and any other relevant documents.
Do Write Down Everything
Relying on memory can be a tricky situation. Writing everything down is crucial, especially immediately following the accident. Information such as events before the accident and leading up to it, where it occurred, and how it happened help prove personal injury claims. Please ensure that evidence and documentation support recollections to deal with challenges throughout the claims process successfully.
Do Keep Medical Records
Keeping careful track of medical records such as emergency room visits, doctor’s appointments, hospital stays, prescriptions, and any other relevant piece of information that supports the extent of personal injury sustained as a result of the accident.
Do Record How Personal Injuries Have Affected Daily Life
Most importantly, recording how personal injuries have affected daily life is essential. Doing so demonstrates the extent of injuries. Situations such as being unable to work, carrying out usual tasks, losing wages, or losing employment must be demonstrated and supported by relevant documentation.
Experienced Guidance Every Step of the Way
At my firm, the Rodman Law Office, I am here to direct you during these challenging times. Get experienced guidance every step of the way by contacting me today to protect your right to fair compensation. I proudly serve clients in Austin, Travis, Williamson, and Hays Counties, Texas.