Posts Tagged ‘car accident’

What to Do if You Were Injured in a Car Accident

Posted on: January 12, 2023 by Berry K. Tucker

People involved in a car accident should stop and provide basic information. If any party is injured, the other party must provide aid. Remember, in the event of injury, a hit-and-run incident is considered a felony in Illinois.

Here are nine steps those injured in a car accident should take:

1. Call the Police

In order to receive proper compensation for injuries, people hurt in a car accident should first call law enforcement. The police will create a detailed report upon interviewing involved parties and third-party witnesses, conducting an examination of the scene of the accident and inspecting the vehicle.

Police officials determine who is at fault in the accident. The evidence the police gather proves liability. Keep in mind that the law enforcement report is critical. Without it, the other driver can engage in a battle of “he-said/she-said,” change his story or even deny the accident ever occurred.

2. Obtain Witness Contact Details

Witnesses to an accident are unlikely to wait at the scene until police arrive. If the injured persons are well enough to do so, they should obtain witnesses’ contact information. Police will follow up with the witnesses to help determine who was at fault. Witnesses can also testify in court.

3. Seek Prompt Medical Treatment

Do not postpone medical treatment for any injuries. Minor injuries related to the accident can turn into major pains if not treated immediately. Furthermore, the longer a victim waits for medical treatment, the more likely the insurance company will argue the individual was not really hurt in the accident.

4. Recognize Common Injuries

A person hurt in a car accident should be aware of the injury, which can appear right away and/or worsen later on. Whether the damages are physical or emotional, the injuries sustained as a result of the car accident require immediate and appropriate medical treatment.

An injury that results from a car accident is defined as when an individual sustains damage that warrants immediate treatment by physicians in a medical facility or doctor’s office. Injuries can affect a person for weeks to years. Here are some of the most common injuries caused by car accidents:

Whiplash occurs when the body suddenly lunges forward; whiplash can be very painful. Loose projectiles from a vehicle impact can end in cuts and scrapes. Head injuries can cause long-term problems. Moderate impact can lead to broken ribs or other bones.

A herniated disc can occur when one or more vertebrae ruptures or shifts out of place. Knee trauma happens when the knees collide with the dashboard, necessitating braces, crutches or surgery to correct the damage. Post-traumatic stress disorder is an emotional injury that car accident victims may endure.

5. Describe All Injuries

Report even slight pains to a physician. The doctor will note the injury in the medical records, which the insurance company will use to evaluate the victim’s injury claims. By not sharing the details of the pain, the insurance company will claim it was unrelated to the accident.

6. Get Diagnostic Tests

As soon as possible, take tests that allow doctors to diagnose the injuries. MRIs, X-rays and scans will document any injuries the car accident victim has sustained. The sooner these tests are done, the easier it is to associate the injuries directly with the car accident and receive proper compensation.

7. Attend Medical Appointments

Go to every doctor or physical therapy appointment. Failing to follow through with medical appointments may be interpreted by the insurance company to mean that the victim was not truly injured in the accident. As a result, the victim’s insurance compensation will be reduced.

8. Keep Track of Everything

Document all injuries, medical appointments, related expenses and treatments. In the event of a lawsuit, which can take two to three years, the injured party will have documentation of all the circumstances surrounding the accident. Details can be readily recollected with a written record.

9. Avoid Giving Statements

The victim’s insurance company is likely to initiate contact shortly after the accident, knowing the individual has had no time to speak with a personal injury attorney. Their intention is to obtain a statement that may be later used against the victim when he seeks compensation for his injuries.

In vehicle accidents, Illinois law requires the able party render aid when injury occurs, especially when the victim requests help. This includes providing reasonable assistance, such as making arrangements to carry the injured person to a physician, surgeon or hospital for medical treatment.

Contact a Personal Injury Attorney

If you have sustained an injury as a result of a negligent driver or are otherwise injured by a neglectful third party, you have legal recourse. The personal injury lawyers from Berry K Tucker & Associates, Ltd. are prepared to help you receive the fullest compensation for your injuries.

In the state of Illinois, victims of third-party negligence have two years to bring their case to civil court. You’ll need an experienced personal injury lawyer from Berry K. Tucker & Associates, Ltd. to provide expert legal representation before this two-year statute of limitations expires.

Berry K. Tucker & Associates, Ltd. will help you have your day in court. Our skilled lawyers handle a wide range of personal injury suits, including construction accidents, wrongful death, birth injuries and medical malpractice. Our team works quickly, so that you are awarded for damages as soon as possible.

With a dedicated team of experienced lawyers on your side, Berry K. Tucker & Associates, Ltd. will work diligently to ensure you receive the maximum compensation to replace lost wages and cover medical bills. We also work with your insurance company to resolve your case with speed.

Contact Berry K. Tucker & Associates, Ltd.

Consult Berry K. Tucker & Associates, Ltd. to speak with a personal injury lawyer. Our knowledgeable lawyers stay up to date with the changing laws in Illinois. Residents of the Oak Lawn, IL area, are urged to seek the legal counsel from Berry K. Tucker & Associates, Ltd. as soon as they are injured.

10 Common Mistakes Made by Personal Injury Claimants

Posted on: February 8, 2021 by Berry K. Tucker

Personal injury cases are rarely straightforward and claiming compensation from the at-fault party is never easy. More than 50% claimants are victims of auto accidents injuries that are normally covered by vehicle insurers; yet, the claim process can be complicated under certain circumstances. The majority of personal injury victims are in a financially compromised and emotionally vulnerable state, which is why fulfilling legal obligations becomes a burden. Lack of familiarity with how personal injury law and insurance works leads them to make these common mistakes:

1. Vague Assessment of Injuries

Before filing a claim, it is necessary to recognize the extent of injuries and evaluate the fiscal value of the case. Many personal injury victims have no idea of the total estimated cost of their damages. You may not consider ongoing charges or possible expenditure in case long term medical treatment is required. Insurance adjusters take maximum advantage of claimants’ obliviousness.

2. Unrealistic Expectations or Fears

Some victims expect to be paid as soon as the claim is filed with the insurance company; just because your claim is valid does not mean that you immediately receive compensation. Some claimants get anxious about the case going to trial and the imposing legal expenses of court procedures. In the real world, less than 5% personal injury cases go to trial. There is no need to worry unless you faked injuries, or your claim is worth six figures or more.

3. Skipping Medical Treatment

If you don’t consult a certified doctor for your injuries, you may not have a case. Even if your injuries seem minor at the time of the accident, you must seek medical attention at all costs. Strictly follow up with treatment and never miss an appointment with the doctor. The medical reports and testimony issued by the practitioner are crucial to your claim.

4. Overlooking Medical Records

Filing a claim without using medical records is a ridiculous, yet common mistake. The defendant’s insurer may respond to a claim immediately by making an offer. However, you must be patient and wait for your medical reports to come in; without them, it would be impossible to estimate the true worth of your case.

5. Failure to Retain Evidence/Important Information

Some claimants exercise negligence by losing receipts and other tangible evidence that are integral to their claim. Make sure to keep track and secure all relevant information and documentation that supports your case.

6. Settling without Negotiation

No matter how appealing the insurer’s initial deal looks, do not fall for the bait. Once you agree to a proposition, there is no turning back. Take your time to think and push for a better offer.

7. Not Hiring a Lawyer

Dealing with the defendant and their insurance adjuster on your own is never a good idea. They will try to trick you into accepting a scanty offer or even attempt to deny your claim. Hire a Philadelphia Personal Injury Lawyer to fight for you and win the compensation you deserve.

8. Inadequate Attorney Shopping

All attorneys and law firms are not the same. You must conduct ample research before choosing a lawyer to represent your case. Many people skip attorney shopping and go with the unwarranted firm recommended by their insurance company.

9. Hesitating to Ask Questions

If you have any concerns about your case, ask away. Oftentimes, the questions that seem stupid lead to the most promising answers. Asking questions encourages elaborate discussions, which helps the personal injury lawyer and their client understand the case better.

10. Not discussing the psychological impact of injuries

When you talk about the accident and injuries with your lawyer, leave nothing out. You must reveal the physical and mental impact of the incident, even if the details sound embarrassing. The more your personal injury attorney knows, the greater leverage you get on the case.

What to do When Involved in a Vehicular Accident

Posted on: October 2, 2020 by Berry K. Tucker

Motor vehicle accidents are stressful and exhausting. As with any emergency, the key to dealing with it is the preparation and thoughtful execution of a plan. So if an accident happens, the victims already know what needs to be done such as immediately seeking medical assistance or contacting a personal injury attorney.

The car accident lawyers at the personal injury law firm of Hutzler Law in Phoenix, Arizona can help with legal advice following a motor vehicle accident. There are also actions that should be avoided such as discussing who may be responsible for an accident. This article can help make a plan for dealing with a motor vehicle accident and avoiding potentially disastrous mistakes.

Follow a Plan After an Accident

Before an accident occurs, make a plan for what to do. The first step should be not to panic; remain calm and take a couple of deep breaths to quiet the nerves. Accidents can trigger a rush of adrenaline, but deep breathing and focusing on staying calm can counteract this effect.

Secondly, check the injury status of everyone involved and call an ambulance if necessary. Thirdly, before an accident, think about the equipment that would be necessary or helpful in case of an accident. This may be a couple extra blankets, a notebook, and a first aid kit in the trunk of the car. It is also incredibly important to have a camera to document the accident scene. This camera could be on a phone or a digital camera that is in the car.

Try to photograph the injuries and damages at the accident scene. The photographs can be used to prove details of an accident that are unclouded by human error and this can make all of the difference when determining who is at fault.

Stick to the Facts

When an accident occurs, it’s important stick to the facts when filing the police report about the accident. Avoid making guesses as to why this accident happened and do not attempt to speculate who or what may have been at fault. Answer only the who, what, where, and when questions.

Any thoughts as to who may be at fault are discussions to have with a personal injury attorney later. This should also be a time to take personal notes with the information of the other parties involved, the vehicle identification numbers, license plate numbers, insurance information, and the information that was shared for the police report.

Seek Legal Advice from a Professional Attorney

The best course of action when it comes to vehicular accidents is to be cautious and immediately seek legal advice. It is also important to not to speak to any other insurance company without seeking legal advice.

If an accident victim waits until a medical bill needs to be paid or until they are underwater due to lost wages, it may be too late to recover the money needed to address these issues.

Think about All Medical Expenses and Future Lost Wages

Finally, those involved in a vehicular accident should not sign any paperwork they receive from an insurance company without consulting a car accident lawyer. An experienced personal injury attorney can negotiate with insurance companies to ensure that victims can work on healing and recovering from an accident.

It is so important that victims of vehicular accidents to speak to a personal injury attorney before agreeing to any settlement. Too many accident victims have given up their legal right for larger recoveries or settlements. This is crucial, especially for those who are facing increasing medical expenses and an inability to recover lost wages.

Conclusion

If you have been involved in a motor vehicle accident, making a plan beforehand and following it can make all of the difference. Please contact the experienced car accident lawyers at Hutzler Law in Phoenix at 602-730-4530 to help make the best decisions following a motor vehicle accident.

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