CRASH! And in an instant, you are injured, by no fault of your own. You now have substantial unexpected medical expenses, your vehicle is damaged, you miss work, you have continued pain, and no one can tell you when your life will go back to normal.
These situations are stressful and unfamiliar. After an accident resulting in personal injury, consider these tips to help make your very best case:
Make a police report.
The police officer responding will help create a record of the event and can serve as a witness about what happened on the date of the incident. They sometimes prepare diagrams and take witness statements. Of course, if there is a witness that you know of, direct them to the officer and be sure they leave their contact information.Take photos.
The sooner the better! If your vehicle, watch, eyeglasses, jewelry, or other personal effects are damaged or destroyed, take pictures of them. Also, be sure to take pictures of the scene and surrounding area. It is important to document how these things looked at the time of the incident. Try and locate any receipts that would help evidence the value of any items damaged or destroyed. If there is a comparable item for sale, keep a copy of the listing.Seek medical care and follow your doctor’s recommendations.
If you are injured, immediately seek medical assistance. It is important that any treatment you receive is close in time to the incident. If too much time has passed, the opposing party often will claim that your injuries are caused by other things. Once you seek treatment, be sure to comply with the doctor’s recommendations. If you think it is appropriate, feel free to get a second opinion, but be sure to be active in your treatment and to comply with your doctor’s treatment plan. Failure to follow through will be perceived as you not being injured “that bad” or that additional treatment is not needed.Communicate clearly.
When talking to your doctor, be sure to communicate with them about any continued issues or continued pain that you have. Many times, you may be eager to stop treatment and move on due to the cost, pain, and inconvenience, but if you discontinue treatment too soon, you may have recurring issues that will be difficult to address later.Keep medical bills and EOBs.
When undergoing treatment, keep the medical billing records and the Explanation of Benefits (also known as EOBs) that are sent to you. Be sure that these records appear accurate. If an issue arises, these can be helpful and can be difficult to obtain later in the process, or after your health insurance company changes.Avoid social media.
Be aware that insurance companies frequently request your social media activity. Any reference to the incident, your recovery process, trips, vacation, or anything you post on social media can be learned by the other side. Sometimes this is taken out of context and unfairly used against you. For example, you might say you are feeling “OK” on social media when really you still have continued pain. Expect the insurance company to use that against you and to claim that your injuries are not as extensive as you claim.Seek legal assistance.
Before agreeing to the payment of any benefits, it is important to consult with your attorney’s office. They can help guide you and be sure that the agreement is in your best interest.
Joshua A. Brown is a partner at McKinney & Malapit Law who primarily practices family law. He received his JD from Ohio Northern University and is admitted to practice in the State of Indiana and the U.S. District Court, Southern District of Indiana.
McKinney & Malapit Law is a general practice firm serving all of Indiana out of its Fishers and Muncie offices.
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