When you lose a loved one, the first few days are always filled with anxiety and chaos. Knowing what to do and what your rights are can take a lot of stress away from the entire process.
When it comes to insurance, claims, and compensation, one of the first things people learn about is the two main types of damages. Understanding the categories can help you make the right choices for your case right from the start.
What to Do Immediately After a Car Accident
Your safety should always come first. If possible, go to a safe place and check whether everyone is okay. Secondly, call 911 and request medical help. This action generates a police report, which can serve as evidence in the future.
Once emergency personnel arrive, exchange relevant information with the other motorist. Remember the basic names, contact information, insurance information, and plates. Avoid discussing fault, even casually. Statements like “I didn’t see you” may seem harmless but can be used against you.
Take pictures and videos of the scene to enhance your future claim. Make sure to photograph the damaged vehicle, skid marks, traffic signs, road conditions, and any visible injuries.
Why Medical Care Matters, Even If You Feel Fine
Many injuries do not show symptoms right away. Conditions such as whiplash or concussion may take hours or even days to appear. When you get checked out by a doctor, it creates a medical record that connects your injuries to the crash. This medical record becomes important when you go to file a claim.
Insurance companies frequently contend that the delay in accessing the relevant treatment suggests your injuries were not serious or not related to the accident. Getting medical attention early protects your health and your legal rights.
Common Types of Damages in a Car Accident Case
Claims typically include.
- Economic losses, like hospital bills, rehabilitation, lost wages, and damaged vehicle repairs, represent an economic loss.
- Noneconomic losses, like loss of enjoyment of life, emotional distress, pain and suffering, and more.
These categories determine what your settlement might look like. Under very unusual circumstances where recklessness is glaringly apparent, courts may also grant punitive damages.
How Fault Works in Car Accident Claims
Fault affects everything in a car accident case. In some states, the comparative negligence rule applies; thus, your compensation will be reduced by your degree of fault. Some states implement a modified rule that only permits a recovery percentage if you bear a certain degree of fault.
Different states have different rules regarding fault determination. If you get legal assistance early on, you can avoid making mistakes that can affect your right to receive compensation.
Dealing With the Insurance Company
Insurance adjusters appear friendly and caring, but in reality their job is to save the company money, not help you. Insurance companies often waste no time and remain in touch with you, hoping you might give a recorded statement or quickly settle with an early offer.
You do not have to take the first offer, and you do not have to give a recorded statement without knowing the consequences. Before agreeing to anything, ensure that you know the full extent of your injuries and losses.
When to Consider Speaking With a Lawyer
Not every car accident will require legal assistance. However, for most individuals, meeting with a lawyer is a popular choice. This is particularly true for individuals who have sustained injuries in an accident, are involved in a dispute over fault, or find the insurance companies unclear. From the start of your case, an attorney can assist you with the claims process, evaluate settlement offers, and help protect your rights.
Key Takeaways
- Always stay safe and seek medical help after the accident.
- Detailed records along with a police report strengthen your claim.
- Damages generally fall within two main categories of compensation.
- Different states have different fault rules, which affect the degree of recovery.
- Exercise caution before speaking with an insurance adjuster.
- Lawyers can assist you in challenging situations with legal expertise and strong advocacy.
