Accidents happen unexpectedly, and when they do, it’s important to know how to file a claim if you need to be compensated for your injuries and damages. Here’s a brief overview from an accident lawyer in Katy, TX, of steps you need to take to file an accident claim.
How Do I File an Accident Claim? Answers from an Accident Lawyer in Katy, TX
Seek Medical Attention Immediately
Even if you don’t feel immediate pain, see a doctor as soon as possible. Some injuries, like whiplash or internal damage, may not show symptoms right away but can worsen over time. Getting prompt medical care is key evidence for your claim. The medical records will detail the extent of your injuries and will play a major role in determining the amount of compensation you can seek.
Follow all medical advice and treatment plans after you see the doctor. Any failure to follow medical advice or any gaps in treatment could be used by the insurance company to argue that your injuries aren’t as severe as stated in the accident claim.
Report the Accident to the Appropriate Authorities
Report the accident to the appropriate authorities. If you were involved in a car accident, call the police and file a report. If the accident happened at work, notify your employer and file an incident report.
An official report on record will help substantiate an accident claim, since it will have key details like the date, time, and location of the accident, and may also contain witness statements. In car accident cases, the police report is particularly significant because it may include the officer’s opinion on who was at fault. This can be useful if the other party disputes liability later on.
Gather Evidence from the Scene
If you’re physically able, and it’s safe to do so, take photos and videos of the accident scene, the damage to any vehicles or property, and your injuries. Try to capture as many angles as possible.
Make sure to document anything that could help demonstrate what caused the accident, such as skid marks, broken sidewalks, or missing safety signs. Collect contact information from any witnesses. Witnesses can provide statements that may help clarify how the accident occurred and who was at fault.
Notify Your Insurance Company
Notify your insurance company as soon as possible. Many insurance policies require that claims be reported within a specific time frame. When speaking with the insurance adjuster, be honest but stick only to the facts of what happened. Do not speculate or provide too much extra information. Insurance companies may use your statements against you.
When reporting the accident, give the basic details: where and when it happened and who was involved. Do not go into detail about your injuries right away; this will be outlined in your medical records, which will be made available to the insurance company if you make a claim.
File a Claim with the Other Party’s Insurance (If Applicable)
If another party was at fault in the accident, you will likely need to file a claim with their insurance company. This is known as a third-party claim. Make sure you are ready with all the necessary documentation, including the police report, medical records, and any evidence from the scene. The more evidence you provide, the stronger your claim will be.
The process is similar to filing a claim with your own insurance, but it is possible you may encounter more resistance from the other party’s insurer. Their goal is to minimize their financial liability, so they may attempt to deny fault or reduce the amount they offer in settlement.
Keep Detailed Records
Keep track of all expenses related to the accident, including medical bills, prescription costs, lost wages, and property damage. Having an organized record will help you get the full amount of compensation you need. Be sure to also keep receipts for any out-of-pocket expenses, such as transportation costs to medical appointments, which can be included in your claim.
Keep a journal of how your injuries are affecting your daily life. Document pain, limitations on your ability to work or perform daily tasks, and any emotional distress you experience. This information can be valuable in determining non-economic damages, such as pain and suffering. Additionally, this detailed record can serve as strong evidence if your case goes to court, helping to illustrate the true impact of your injuries over time.
Be Cautious When Dealing with Insurance Adjusters
Insurance adjusters are trained to minimize the amount their company pays out on claims, and they may attempt to get you to admit fault or downplay your injuries. Never agree to a recorded statement without consulting with a lawyer first; anything you say can be used to reduce your compensation.
If the insurance adjuster offers a settlement, don’t feel pressured to accept the first offer. Initial settlement offers are commonly lower than what you need, and they may not take into account future medical costs or lost wages. Take the time to review the offer, and if possible, get some sound legal advice before making any decisions.
Consider Hiring an Attorney
It can be tempting to just settle quickly and avoid hassle, but an experienced lawyer can help you understand and push for the full value of your claim. The goal is for you to recover compensation for both economic damages, like medical bills and lost wages, and non-economic damages, such as pain and suffering. An attorney will also be familiar with how and where to gather additional evidence, if it’s needed, and will help you make sure that all legal deadlines are met.
Know When to File a Lawsuit
If settlement negotiations break down or the insurance company denies your claim, filing a lawsuit may be necessary to recover compensation. Often, simply filing a lawsuit can push the insurance company to offer a better settlement, as they may prefer to avoid the costs of going to trial. However, if the case does go to court, it’s a good idea to have a lawyer in your court, prepared to argue on your behalf.
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. Act quickly to gather evidence and build your case, since if you miss the filing deadline, your case may be dismissed, and you could lose the opportunity to seek compensation.
Be Prepared for Settlement Negotiations
The majority of accident claims are settled out of court. Both sides will likely negotiate back and forth before reaching an agreement. It’s important to go into negotiations with a clear idea of how much compensation you’re seeking, backed by clear evidence like medical bills, wage statements, and repair estimates.
Having legal representation can be invaluable during this stage, as an attorney will know how to negotiate effectively and avoid lowball offers. If a fair settlement cannot be reached, your lawyer can also advise you on whether taking the case to court is the right option.
If you’ve been injured in an accident and need assistance filing a claim, contact the Law Office of Shane McClelland in Katy, TX.