Car accidents are turbulent events, and many injured victims can barely think straight in the days and weeks ahead. Filled with pain and unsure of their futures, they do not know how to build an injury claim. Call Stewart Miller Simmons Trial Attorneys as soon as you can.
We are an established law firm which has an impressive track record of success handling serious accident cases. Our Atlanta car accident lawyers can immediately start documenting the accident and solidify the factual basis of your claim before negotiating a settlement. We offer free, no-risk consultations to anyone with questions about their legal rights. Below, we look at simple steps you can take to document injuries suffered in a crash. This evidence will help maximize your compensation.
Why Documentation is Important
Accident victims can receive compensation for their injuries, but they’ll need to prove some facts first:
- The severity of the injury. More serious injuries are usually worth more in a settlement.
- The amount of medical care you received. Injured victims can receive compensation for the cost of care.
- Whether the injury prevented you from working. Lost wages are also damages which you can recover.
- Your degree of pain and disability from the injury. Pain and suffering damages make up a meaningful percentage of most settlements.
You can certainly stand up in court and testify to these facts. But it’s always better to have supporting documentation. Without documentation, insurance companies will freely dismiss your claims of serious pain, and they might offer only a few hundred dollars.
Here are some simple steps to take.
Go to The Hospital After the Accident
Proper medical diagnosis is crucial. A doctor can ask targeted questions to uncover where you feel pain, which will aid in diagnosis. A doctor can also order tests, including x-rays or other imaging tests, which provide tangible proof of broken bones and other injuries.
Money is tight for most people right now. Maybe you don’t have health insurance from a job. However, it’s better to pay out of pocket to get immediate care, if at all possible.
Going to the hospital also shows you are taking steps to get better. That will help when it comes time to negotiate a settlement. Insurance companies want to see you are trying to limit your damages (which is called “mitigating damages”).
What happens if you feel okay after the crash? You should still go. And remember to head back to the doctor if you begin to feel pain in the following weeks. Some injuries are slow to develop, but you need to document them.
Organize Medical Information
It’s easy to lose track of paperwork in the coming weeks. You could be going to rehab or other doctor’s appointments, struggling with pain, and not sleeping. It is easy to become disorganized.
However, it is to keep all paperwork related to the crash. There are different options, including scanning all documents so you have them on your computer, or using the old-fashioned method of getting a big folder and throwing everything inside it.
Remember to keep the following:
- Benefit letters from insurers.
- Any medical bill from a doctor or hospital.
- Receipts for prescription drugs, wheelchairs, crutches, and other devices.
- Medical records, including test results.
Having these documents handy will smooth out the claims process. Of course, if you are missing anything, don’t panic. Your lawyer can help track down medical records and bills. This is one reason why your lawyer will ask for a list of doctors and hospitals where you received treatment.
Photograph Your Injuries
Usually, several months pass before a case settles, and in that time your wounds will likely heal. We recommend taking vivid pictures of all bruises, cuts, and wounds in the days after an accident.
Ask a friend to take pictures in a well-lit area and take photos from different distances and angles. Remember, it’s better to take too many pictures than too few. Your lawyer can select the best ones to use in your case.
If you have injuries on your face, remember not to smile when being photographed. Some people smile automatically when their picture is taken, but that sends the wrong message.
Ask Friends or Family to Testify on Your Behalf
Any third party can provide useful testimony for your case. For example, your wife can testify about how your mood has changed since the accident, or friends can tell us that you no longer go out in the evening due to pain.
Many people are sensitive about talking about mental health, but it’s a big part of many accident claims. For instance, your bodily injuries could force you to stay home, leading to depression. We can request compensation for mental anguish and related distress, provided we have strong enough evidence to back up a claim.
Keep a Daily Journal About Your Pain
Car accident settlements usually include compensation for pain and suffering as well. To support your claim, you can testify on your own behalf about how the accident has caused:
- Bodily pain
- Anxiety or depression
- Post-traumatic stress disorder
- Irritability
- Sleeplessness
- Loss of enjoyment of life
Try to also keep a journal in the coming weeks and months. You can write in it daily and record how you feel each day. Do not exaggerate but describe in detail where you feel pain and your mood. This journal is powerful evidence of your journey to recovery and the struggle you have undergone. Talk to your legal team if you need tips on how to document pain and suffering.
Speak Personally with an Atlanta Car Accident Lawyer
Accident claims rarely go as smoothly as people hope, but with the right car accident lawyer you can ensure your voice is heard. Call Stewart Miller Simmons Trial Attorneys at (404) 529-3476 to schedule a consultation with a member of our office. Our firm has won millions for people injured in all types of car wrecks, and we can provide individualized advice in a consultation. There is no cost to call us.