How Accident Statements can Affect your Personal Injury Case

Accident scene statements made in a variety of personal injury cases have often been the lynchpins of said cases. These include:

• Auto accidents
• Slip-and-fall accidents
• Workers' compensation cases
• Chemical spills
• Construction accidents

Things To Consider

Emotions often run high at the scene of a personal injury. Generally speaking, nobody wanted the accident to happen, and they want to do or say anything they can say to even remotely ease the pain. Often the urge to "apologize" is strong, even if you didn't cause it. Try not to speak too much, especially if you are the victim. The opposing lawyer will do everything she can to tie those actions to fault. Even statements like, "I wasn't paying attention" should be kept to yourself.

What To Say

If an accident happens, try to keep a cool head while in public. Plan your cathartic release for later. Call the police as soon as possible and get assistance from a doctor. Then consider hiring a personal injury lawyer. Do not sign anything without a lawyer present to read the statement or release. Do not answer any questions unless a police officer asks them, and then only provide the objectively observable truth. This includes statements like, "I was driving down Main Street and the car hit my right side tail light," but does not include statements like, "I was in a bad mood and flustered, and I didn't see him."

Use your best judgment at all times. If you aren't sure you have good judgment after being in an accident, just condition yourself not to say anything at all. In public, with the possibility for litigation and words being used against you, silence is golden.

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How to Hire an Injury Lawyer

If you've been injured and it wasn't your fault, you may want to hire an injury lawyer to help you get money to pay for your medical bills and with any other expenses you incurred as a result of the injury.

Finding an Injury Lawyer

If you know someone who's recently had to hire an injury lawyer, you may want to see if he or she would recommend that attorney. Or, if you've hired a lawyer in the past, you can see if he or she knows an injury lawyer who may be able to help you. To find the best lawyers in Florida visit www.ks-law.com

Meeting with Personal Injury Lawyers and Attorneys

Once you have the names of a few injury attorneys, you will want to schedule meetings with them. These meetings, or initial consultations, may or may not be free, so be sure to check before each meeting. These meetings are a good opportunity for you to learn more about the lawyers and for them to learn more about your case.

You will want to do your homework before your meetings. Start by taking notes about your case. Write down all of the facts of your case and then any questions you may have for the attorney, including questions about:

-His or her experience handling cases similar to yours

-His or her thoughts on your case, and the estimated award you could receive

-How he or she charges for services, and the cost to handle your case

The reason for these meetings is to find out if you want to hire this lawyer. You might want to bring paper to your meeting, so that you can write down important details. These notes will help when you go to make a decision. Keep in mind that everything said in these meetings will be kept confidential, even with the lawyers you do not hire.

How Will an Accident or Injury Attorney Bill You?

Some injury lawyers will bill on an hourly basis, and others will bill on a contingency basis, which means that they only get paid if you get a monetary award. Lawyers who bill on an hourly basis are paid for the actual amount of time they spend on your case, regardless of you case's outcome.

Selecting an Injury Lawyer

After you've completed your initial consultations, you're ready to decide which injury lawyer you will hire. You can immediately eliminate any lawyer you don't like or whom you know you definitely don't want to hire. If you're trying to decide between a few attorneys, asking for references may help you make a decision. When you're choosing an attorney, you want one who has the skills and experience to handle your case, has a strategy you agree with, and has reasonable fees. Once you have found a lawyer you can trust, you are ready to hire him or her and begin your personal injury case.

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How to Settle a Personal Injury Claim

You are attacked by a neighbor’s dog while running. You slip on a friend’s icy walkway and break your wrist. You develop emphysema or asthma from years of breathing in toxic fumes at work. You sustained injuries when your vehicle was struck. What do they all have in common? Each was the result of someone else’s negligence and is grounds for filing a personal injury claim. This article offers tips on how to settle a personal injury claim.

EditSteps

1. 1
   Know under what circumstances you can file a personal injury claim. Generally, it depends on the specifics of the incident and its cause.
   • Motor vehicle accidents determine “fault” or “negligence” after examining applicable vehicle and traffic laws and who was held responsible for the incident and the subsequent injuries.
   • Injuries sustained at a place of business only are compensable if they were caused by a hazardous and/or previous unsafe situation.
   • Real estate owners, renters or dwellers may be deemed responsible for injuries sustained due to negligence, such as a “pet attack” or poor maintenance of the building and any adjoining property.
   • Injuries that occur on the job are covered by workers’ compensation insurance. A personal injury claim is not as well defined if the injuries are caused by dangerous products, weather conditions (rain, snow, ice, fog) or failed public utilities.
2. 2
   Visit a doctor or health care professional for examination as soon as possible, regardless of the severity of your injuries. What may appear to be mild injuries at first glance can quickly become something more serious. Err on the side of caution and photograph any wounds and broken or otherwise injured bones.
3. 3
   Notify the proper authorities. For example, file an accident report with the local police department and your employer if injured on the job. Also, notify your insurance company if you were involved in an automobile accident. Ask for copies of any reports you submit.
4. 4
   Prevent your claim from being thrown out due to lack of evidence by recording as many of the specifics of the accident that you can recall, including:
   • The time of day, date and location
   • What caused the mishap (e.g. hazardous road conditions)
   • Any injuries that resulted
   • Lost income or medical reparations
   • Names of any eye-witnesses
5. 5
   Protect anything that may identify who was at fault, including torn clothing, a maimed car or damaged property.
6. 6
   Calculate any out-of-pocket costs you may have incurred. Increase that amount three-fold to calculate the amount of pain and suffering you endured. Be sure to note any repair costs to your car or real estate.
7. 7
   Understand that the worth of a personal injury claim depends on what is considered “fair and reasonable” in relation to the significance of the injuries and the consequences of the accident on the injured person’s daily activities. If the individual filing the claim is deemed somehow responsible, the settlement would decrease.
8. 8
   Find out the statute of limitations for filing a personal injury claim in your state. Claimants may have between one month and one year to file based on their state. A person’s insurance carrier also can influence the filing timeframe. Check with your insurance company regarding your state’s requirements.
9. 9
   Consider settling your personal injury claim in small claims court. Claims dealing with minor injuries not resulting in lost wages or time from school or that do not call for extensive medical care often can be settled in this venue. Obtaining the expertise of a personal injury lawyer is recommended, however, if the injuries are severe or their effects are still undetermined.
10. 10
    Contest any settlement offer from the insurance company if you think the compensation should be higher.
11. 11
    Do not agree on a settlement until you are completely healed and the extent of your damages is determined. Often insurance claims adjusters encourage claimants to settle before knowing the scope of their damages and/or injuries.
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What to Do After Slip and Fall Accidents

Recently had a Slip and Fall accident?

There are a few steps you can take immediately after the slip and fall accident that can help protect your rights later on.

First, look at the area where the injury occurred. What made you fall? Try to note all of the conditions, even if they do not seem particularly important to you. Also, get the names of any people were in the vicinity at the time of your injury. These people may be witnesses to the accident. Even if they did not actually see you fall, they can describe the conditions which led to your injury.

If your injury occurred in a store or place of business, speak with the manager on duty. Have them make a record of the incident. Also, if anyone makes a comment about this sort of incident happening before, or that they “knew this would happen,” be sure to get their name.

Next, go see your doctor. You want to have your injuries dealt with promptly. This also provides you with proof that you were actually injured in the accident.

Finally, consult with a lawyer as soon as possible. An experienced personal injury attorney can review the incident, and let you know what your rights are. A lawyer can also further investigate the incident, and advise you on the best course of action.

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