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How to Maximize Your Car Accident Claim

March 17, 2023

If you have recently been in a car accident, you probably feel overwhelmed and unsure of what to do next. In addition to dealing with injuries, car damage, and insurance companies, you may also be considering filing a car accident claim to recover damages. Those damages can be valuable. According to Bankrate, in 2020, the average damages for a fatal car accident were $1,750,000, and $101,000 for a non-fatal accident with injuries. Maximizing your car accident claim can be a complex process, but there are steps you can take to ensure you receive the compensation you deserve. Below are five tips to help you maximize your car accident claim.

Tip #1: Seek Medical Attention and Document Your Injuries


The first step in maximizing your car accident claim is to seek medical attention immediately after the accident. Even if you feel fine, it's important to get checked out by a medical professional to rule out any underlying injuries that may not be immediately apparent. This is important for your health and creates a paper trail that will be valuable in your car accident claim. Document all medical expenses, including doctor's visits, medications, and any necessary medical devices or equipment. You should also keep track of any missed work or income due to the accident. The more documentation you have, the stronger your case will be when negotiating with insurance companies or filing a lawsuit.

Tip #2: Collect Evidence From the Scene of the Accident


Collecting evidence from the accident scene is crucial in maximizing your car accident claim. Take photos of any damage to your vehicle and any other vehicles involved in the accident. You should also take photos of the surrounding area, including any skid marks, debris, or road conditions that may have contributed to the accident. If there were witnesses to the accident, collect their contact information. They may be able to provide valuable testimony to support your case. It's also a good idea to get a copy of the police report, which can provide additional evidence to support your claim.

Tip #3: Be Cautious When Speaking With Insurance Companies


When dealing with insurance companies, being cautious and mindful of what you say is important. Insurance adjusters may try to get you to say things that could damage your case, so it's important to avoid admitting fault or accepting blame for the accident. Stick to the facts and be honest, but avoid making speculative or assumptive statements. It's also a good idea to consult with a car accident attorney before speaking with insurance companies. They can guide what to say and how to handle the situation to ensure you receive the compensation you deserve.

Tip #4: Don't Settle Too Quickly


It's tempting to settle quickly to get the compensation you need to cover medical expenses and car repairs. However, settling too quickly can be a mistake. Once you settle, you forfeit the right to pursue additional compensation, even if new medical issues arise due to the accident. Be patient and wait until you fully understand your injuries and the long-term effects of the accident before settling. An experienced car accident attorney can help you determine the full extent of damages and ensure you receive a fair settlement.

Tip #5: Hire an Experienced Car Accident Attorney


Hiring an experienced car accident lawyer is one of the best ways to maximize your car accident claim. A skilled attorney can help you navigate the complex legal system and negotiate with insurance companies to ensure you receive the compensation you deserve. An attorney can also provide valuable guidance on documenting your injuries, collecting evidence, and avoiding common mistakes that can damage your case. They can help you determine the full extent of damages and ensure you receive a fair settlement or verdict if your case goes to trial.


Ready to maximize the compensation for your car accident? Contact us today at Wilson & Novak Law Offices. We can help you file a claim, negotiate with insurers, and take the case to trial if necessary. Car accident claims are complicated but there is help available. Our experienced car accident lawyers are ready to discuss your case with you. Let's connect today and start the conversation.


Understanding Personal Injury Law Basics

April 9, 2025
Navigating the complexities of personal injury law can be daunting. This area of law encompasses a variety of scenarios where individuals suffer harm due to the negligence or intentional actions of others. From automobile accidents to medical malpractice, understanding the fundamentals of filing a claim is crucial for obtaining the compensation you deserve. What Constitutes a Personal Injury Case? A personal injury case arises when a person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible party could be an individual, a business, or even a government entity. Common examples of personal injury cases include automobile accidents, slip and fall incidents, medical malpractice, and product liability. Key Elements of a Personal Injury Claim To successfully file a personal injury claim, certain elements must be proven: Duty of Care: The defendant owed a duty of care to the plaintiff. Breach of Duty: The defendant breached that duty through negligence or intentional misconduct. Causation: The defendant’s actions directly caused the plaintiff’s injury. Damages: The plaintiff suffered actual damages, such as medical bills or lost wages. Types of Damages in Personal Injury Cases Damages in personal injury cases are typically categorized into two types: economic and non-economic damages. Economic Damages Economic damages are quantifiable financial losses incurred as a result of an injury. These include: Medical Bills: Costs for hospital stays, surgeries, doctor visits, and rehabilitation. Lost Wages: Compensation for income lost due to the inability to work. Lost Earnings Capacity: Future income lost as a result of long-term disability. Property Damage: Costs for repair or replacement of damaged property, such as a vehicle in car accidents. Non-Economic Damages Non-economic damages are more subjective and may include: Pain and Suffering: Compensation for physical pain and emotional distress. Loss of Consortium: Damages for loss of companionship or spousal support. Diminished Quality of Life: Compensation for a reduced ability to enjoy life’s pleasures. Steps to Filing a Personal Injury Claim Filing a personal injury claim involves several steps, each requiring careful attention to detail. 1. Seek Immediate Medical Attention Prompt medical evaluation is crucial not only for your health but also for establishing a clear link between the accident and your injuries. Medical records will serve as vital evidence in your personal injury case. 2. Gather Evidence Collecting evidence is essential for substantiating your claim. This includes: Photographs of the accident scene and injuries. Police or accident reports. Witness statements. Medical records and bills. 3. Consult with a Personal Injury Lawyer Engaging with a qualified injury attorney is advisable to navigate the legal intricacies. A personal injury lawyer can offer expert guidance, negotiate with the insurance company, and advocate on your behalf, ensuring you receive fair compensation. 4. File the Claim A formal claim must be filed with the responsible party's insurance company. This claim should detail the extent of your injuries and damages. An experienced attorney can assist in articulating the intricacies of your case. 5. Negotiate a Settlement Most personal injury claims are resolved through negotiation rather than going to trial. Your attorney will work to secure a settlement that adequately compensates for your losses. If negotiations fail, litigation may be necessary. Statute of Limitations The statute of limitations dictates the time frame within which you must file a personal injury lawsuit. Typically, this period ranges from one to six years from the date of the injury, varying by jurisdiction and case type. Consulting with an attorney promptly ensures compliance with these legal deadlines. The Role of Insurance Companies Insurance companies play a pivotal role in personal injury cases. They are responsible for compensating the injured party, but their primary aim is often to minimize payouts. Therefore, it is crucial to approach negotiations with caution and the support of legal representation. Common Tactics Used by Insurance Companies Delaying the Process: Prolonging the claims process in hopes of wearing down the claimant. Denying Liability: Asserting that their policyholder was not at fault. Underestimating Damages: Offering settlements that do not fully cover the claimant’s losses. Conclusion Understanding the basics of personal injury law empowers you to protect your rights and secure the compensation you deserve. Whether dealing with car accidents, medical malpractice, or other injuries, comprehensive knowledge of the legal process and the assistance of an adept personal injury lawyer are invaluable. By recognizing the various facets of filing a claim, the types of damages you can recover, and the tactics employed by insurance companies, you are better equipped to navigate your personal injury case effectively. Always prioritize your health and consult with a professional to guide you through this challenging process. To schedule a case evaluation with Wilson & Novak Law Offices, reach out online or give us a call at 219-757-0225 .
What does a personal injury attorney do

What does a personal injury attorney do?

September 18, 2024
A personal injury lawyer plays a vital role in helping victims of accidents and negligence get the compensation they deserve. From gathering evidence and negotiating with insurance companies to representing you in court, they handle all aspects of your case.
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