Key Steps to Maximizing Compensation Following a California Personal Injury

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There is nothing like an injury to remind human beings of our frailty. Whether it's a car accident or a slip and fall incident in a grocery store, our bodies may feel the aftereffects for months — or even years — after the defining moment. When this occurs, it becomes important to recognize whether or not negligence may have been the root cause of the crisis. If you've been injured and it may be someone else's fault, you owe it to yourself to adhere to the following key steps in order to maximize any potential compensation.

Record and Report Everything

Immediately after an accident, it can be difficult to keep your wits about you. Depending on the severity of the trauma, you may have a wide range of physical and mental reactions. However, it is crucial that you begin documenting your personal injury journey from the very start. Fortunately, you already have the most useful tool in your purse or pocket — your phone. Take pictures of the scene and the injuries you have sustained. If there are any witnesses on the scene, make careful note of their contact information. Because they were not directly involved with the accident and are more removed from the trauma, some witnesses are able to provide an even more detailed account of the incident than the victim. As you go through this process, keep documenting any funds you spend as a result of your accident. You may even want to start a spreadsheet or create a dedicated file for information such as appointments with physicians, police reports, medications you've been prescribed, and any days of work you have missed due to the accident.

Seek Medical Help Immediately

The human body works in mysterious ways, and it basically cannot be trusted in the wake of an accident. Adrenaline will often suppress pain, leading you to believe that you are not injured when you are. It's a commonly known fact that whiplash, one of the most common car accident injuries, will often not show up for days. If you are able to, take an ambulance from the scene of the accident to the emergency room. This creates a very clear path for you to have your injuries examined by medical professionals as soon as possible. It also strongly establishes the fact that you were injured in the accident and makes it harder for insurance companies to dispute this.

Contact the Proper Authorities

Some cities and jurisdictions will give you a choice as to whether or not you'd like for a police officer to come and make a report; always say yes if this is presented to you. A police officer will take note of certain details that you may not even see at first glance — and even be able to ascertain whether or not the other driver may have been intoxicated or otherwise incapacitated. Even if a police officer is not present, you are required to make a report in California within 10 days of a car accident, if injuries occurred. In the case of an accident at the workplace, even if it involves falling in the parking lot, you will want to reach out to the company's workers' comp team immediately. If you trip and fall at a shopping mall, you will want to reach out to the mall's management team to fill out a report right away. There are procedures for such incidents, and it is crucial that you follow them if you want to be compensated appropriately for your injuries and suffering.

Talk to an Attorney Who Specializes in Personal Injury Cases

Because personal injury cases can be so specific and nuanced, it is critical that you work with an attorney who is highly experienced in this particular field. Ideally, you want someone who knows how to anticipate how insurance companies and defendants will behave. You need someone who will truly advocate for you and get you everything that you deserve. This attorney will be extremely grateful that you kept detailed notes of your incident — and they will walk you through the entire process. If the other party demonstrated a very high level of negligence or even an intent to harm you, they will advise you that there may be punitive damages arising. Other types of damages include economic — as in the aforementioned example of missing work due to your injuries — and non-economic. Non-economic damages may account for things like PTSD that has arisen in the wake of the accident.

Do NOT Talk to the Insurance Company

As charming and sympathetic as they may sound over the phone, keep in mind that it is the insurance representative's job to reduce any settlement offers or compensation you may receive. You are not required to give a statement to the insurance company. It's best to keep such communications at a minimum — or just refer them to the lawyer that you have retained. You've come this far in your journey, and you don't want to see your payout reduced significantly due to an offhanded remark you may make.

Don't Hurry to Settle Your Case

It may take a long time for all of your injuries to be properly tended to, and your attorney may want to take time with building your case. Although you may be feeling the financial pressure, it's best to hold out for a bit if you want to be awarded the appropriate amount. After you've been through so much, it's natural that you want to resolve the situation in an expedient manner. When it comes to maximizing your compensation from a personal injury, though, it may be best to practice patience.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Maison Law

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