Workers Compensation Lawyer Blog

In the proceeding article we discussed what to do after a car accident in the first 90 seconds and then within the next five minutes. These suggestions may protect you and others from further harm.

The Succeeding Hours

Gather as much information as you can. After you’ve recovered from the initial shock and the emergency situation has simmered down, you need to try and gather as much information as you possibly can. An accident, no matter how big or small can do without information. Here’s what you may need:

1. On the people involved – Take down the full names of the victims and the other drivers and other person who may be involved. Write it down on paper or take notes from your phone. Take their contact information, home numbers and email addresses and other means to get in touch with them. If you can, write down their driver’s license numbers or insurance information. Make notes of their personal circumstances. If one of them looks very tired, intoxicated or drunk, write that down. If they have made admissions, jot that down too. Take down the names of the investigating officers or the responding emergency medical teams. These people may be invaluable to your case later on.
2. On the cars involved – take photos of your vehicle and those of the others involved with your phone. Note not only the damage but the car’s make, color and model. If it is a tractor trailer or a commercial delivery van, take down the company names or identifying marks. Get their license plates and check other factors which may help your case. Watch out for worn-out tires, broken lights or any substandard safety features or structural weaknesses.
3. On potential witnesses – Talk to the people who have seen the accident and get the contact details of potential witnesses to your case. If you have seen someone with a video camera, talk to that person as well. Witnesses often show great reluctance to talk to police officers while others simply refuse to be questioned and for these reasons, whatever information that may be gleaned from them is likely to be lost if it isn’t collect from the scene itself.
4. Document your injuries – Insurance claims can also stand and fall on the strength of the medical records. Document your injuries or the injuries that your passengers may have suffered. Don’t forget to include the medical report of the paramedics and supplement these with pictures from the scene.
5. Other valuable pieces of information – Remember that you are doing this not only to make an accurate representation of your insurance claim but also to help convince those who are absent from the car crash of the full import of the accident. Stand in the shoes of your lawyer, your insurance company or even a member of the jury – think about them when you gather your information and what they might possibly need to make intelligent decisions.

Potential Medical Issues. Be certain that you receive sufficient medical support. If you have received treatment at the scene of the accident; or even if you’ve been taken to a medical facility, then ask your doctors for the right course for follow-up care.

If some pain or condition arises in the next days or weeks preceding the accident, write it down and then tell your doctors about it. It’s critical that you make sure all your medical problems are addressed at the soonest possible time.

Keep all your records and make back-ups or duplicates if necessary. Take down their names, the dates of your appointment and their contact information. Make your own notes of their diagnosis, their prescriptions and their recommendations. These may be invaluable later on in your road to recovery.

Contact the St. Louis Personal Injury Lawyers

If you or someone you love has been involved in a car accident contact the Law Office of James M. Hoffmann. Our legal team has a strong history of helping car accident victims get the compensation they need. Based in St. Louis our law firm will ensure that your rights are protected. Please call (314) 361-4300 or toll free at (888) 872-6795. You can also complete our Online Case Evaluation Form.

 

photo credit: The Infamous Gdub

Thousands of people get hurt in car accidents each year. You may think that motor vehicle accidents only happen to those who aren’t ready; those who are distracted on the road or it may just be a matter of luck. But the numbers are rising just the same.

If you ever find yourself in the situation of being in a car accident, experts agree that the first thing you should do is to compose yourself, be calm and shield yourself from further harm. Even the most minor of scrapes can cause huge amounts of anxiety and stress.

Here are some of the things that field experts from the government and non-profit organizations recommend that you do from the scene of a car crash and immediately thereafter. These steps may protect you and mitigate the injuries and damages:

The First 90 Seconds

The first 90 seconds are absolutely critical. As experts note, this small window can determine who lives or dies in a car crash. Be calm and get your bearings. Ensure your safety first and then, the well-being of everyone else.

Assess your injuries. Carefully assess your situation or the extent of your personal injuries. If these are serious, then remain as composed as possible; never panic. Be as still as possible until help arrives. But if you find your injuries to be relatively minor and you are sure that any further movement will not aggravate your situation, then slowly proceed to the next steps.

Assess the situation. Check the safety of others and assess the situation of your passengers, if any and then those who may have also been involved in the accident. Look for potential dangers – smell the air for leaking gas or watch out for other vehicles that may be on fire.

Quickly scan the area and look for people whose lives may be in danger. Deal with them first. Call for help or at least make sure someone has already called 911 or alerted similar rescue services.

Evacuate the scene. Retreat to a safe distance to avoid secondary accidents. Remove the victims and anyone involved far away from the danger zone, (or the immediate area of the car accident) to minimize the hazards or chances of secondary accidents.

If you can still drive and your car can still be moved, take it off the road, away from the passing traffic. Be very safe when attempting to do this. Again, this is to avoid secondary collisions against incoming drivers who may be distracted or those who can’t react in time.

If the first option is impossible, then take the victims and retreat to a safer location, away from the potential trajectories of secondary accidents. Still, if moving your companions will aggravate the situation, stay on your seat and fasten your safety belt securely. Wait for emergency medical teams or police officers to control the situation.

The Next Five Minutes

After the initial evacuation and safety assessment, the risk of further injuries and secondary accidents decreases dramatically. Now the next five minutes are critical as well.

Get all the help you can. Upon the arrival of emergency response teams, it’s absolutely critical that you follow their instructions. These people train extensively to deal with the exact same situation that you might find yourself in.

For these responding teams to be successful, they need your full cooperation. Alert the authorities of those who may be hurt or injured. Let them know of the risks you have assessed of the accident scene.

Talk to a medic and let them know how you feel. Give them as many details as possible when describing your injuries and any pain you feel. Let them do their work and accept the treatment they can provide on the spot.

Make a factual report to the police. While your insurance provider may have already instructed you never to admit fault or share the limits and coverage of your insurance, this is the same advice that most personal injury lawyers give their clients. If you do not know all the facts, then you may not be under obligation to give a full statement on the accident.

Nonetheless, the law provides that if in your current state of shock and apprehension you’re unable to give an official statement to the police, then you’re under legal obligation to do so. You may be able to make a statement later when you have regained your mental faculties.

If you or someone you know has been involved in a car accident, contact the Car Accident Lawyers at the Law Office of James M. Hoffmann by calling (314) 361-4300 or request a free consultation.

At the Law Office of James M. Hoffmann, our St. Louis personal injury lawyers will work with you, regardless of where you are in the process.

Since dealing with insurance companies can be difficult and frustrating, here is some additional information about understanding insurance.

Dealing with Policy Limits

Typically, the amount that your insurance covers is negotiable well within the range of your policy. Insurance companies will go to great lengths to delay the payment as the final decision harries back and forth. This is where a very thorough understanding of your policy comes in handy. Often, the period for negotiation is provided for in the contract. Beyond this period, insurance companies may necessarily be held liable in court.

More than effectively negotiating a final amount, a good personal injury lawyer can help you defend your policy from being ransacked by the other parties or to sue for the full amount of damages that you can legally demand and enforce.

Getting Insurance Companies to Pay

Be very patient and diligent when you are looking to hold insurance companies accountable. Be prepared to be low-balled even after jumping through hoops simply to file and make a proper claim. This is where having a personal injury attorney will simplify things. At the Law Office of James M. Hoffmann, we are well trained not only to assert your rights but to take the right course of action for the best possible results in the shortest possible time.

If you are ever in an accident, be sure to document everything. Take photos from your phone and write down every penny you will have to spend – from the auto repair shops to a trip to an emergency room; from a consultation with your mechanic to the routine follow-ups you make with your physician. These are very small things but when added up, they can help your lawyer make a better case out of your claim.

In insurance claims, the odds may be in your favor but the playing field is nowhere near level especially if you’re up against a team of lawyers and vicious insurance adjusters. In these battles, you will need help. Contact the personal injury attorneys at the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our free consultation form.

photo credit: Samdogs

Many people who have been in a car accident will tell you that car insurance companies are difficult, at best. In a typical accident, you will have to deal with the other driver’s insurance company and his passenger’s carrier as well. Should that convoluted situation ever arise, here are some of the things you need to understand about insurance, how it works, what it covers and what you can do to improve your claim’s chances.

Getting the Right Coverage

How well you’ll be treated in an auto accident is almost always a function of what your insurance covers. In theory, insurance is peerless in terms of the assistance it can bring you should you find yourself in an accident. These companies have the mammoth resources and finances to cover all the losses and damages that an ordinary person might not afford on the dot.

More than many things, insurance brings a profound sense of security. You can afford to travel with the knowledge that should you inadvertently cause some form of harm or injury, someone else with deeper pockets has your back.

Still, on balance, insurance is pure business and at the end of the day, it’s still about the bottom line. Hence, as a general rule, these firms will hesitate to pay upfront for a claim and will go to great lengths to avoid paying, if they can.

One of the best ways to counteract this is to stay on top of the nitty-gritty of your policy, how it works and what ought to be covered. Therefore, if you are shopping for an insurance package, you should not only look at the rates but get recommendations from a reliable source on what these companies are like.

Understanding Insurance

On paper, your insurance company, up to a point, assumes all liabilities and obligations arising from your acts or your properties. In return, you undertake to pay a fixed amount, monthly or per annum for a specific policy. Here are some of them and what they cover:

PIP or Medical Payments ­– PIP simply means Personal Injury Protection. This policy will help you with medical expenses incurred for injuries arising from an auto accident. Generally, this policy will answer for medical costs regardless of the presence of or degree of negligence on your part. If you already have a medical insurance policy, you may want to opt out of this to avoid redundancy especially when you’re already paying a hefty sum.

Damage to Property – This type of coverage will pay for the damages your car or bike might cause to another person’s property. Generally, it will pay for the cost of repairing the other party’s car or its full value in case it’s totaled. However, in exceptional cases, this policy will also cover houses, fences, stores, boats, trailers or other personal property. Some carriers apply this policy as well to attorney’s fees in case the other driver sues you.

BI or Bodily Injury ­– Not unlike property damage policies, this coverage will pay for whatever medical cost and other similar expenses that may arise should you accidentally injure the other driver, his passengers or pedestrians.

Collision Coverage – This is not to be confused with policies applicable to damages to properties. This type of coverage will pay for or at least reimburse you for the expenses you might incur for repairing your own vehicle.

Comprehensive Coverage – Strictly speaking, comprehensive coverage is not an umbrella policy, though it operates in much the same way. If you live in a town or city where fires, flooding or earthquakes are common, then this policy is a must. As a general rule, it will pay for any damages that you might suffer other than from a car accident. These damages range from vandalism, hurricanes or or in some cases, accidentally hitting a passing cow or deer.

If you or someone you know is involved in a car or truck accident case contact the St. Louis Personal Injury lawyers at the Law Office of James M. Hoffmann. If you wait to contact an attorney you may end up being barred by the statue of limitations. Contact us today at (314) 361-4300.

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