how to reach out to someone injured in accident lawyer

by Madison Bayer 4 min read

What happens if a lawyer calls you after an accident?

If a lawyer calls you after an accident, they have likely received your contact information through unethical methods, said Keith Watters of Keith Watters & Associates. These types of lawyers are considered “runners” or “solicitors” who will likely resell your case if you contract services with them.

What should I do after a personal injury accident?

Use any "personal injury protection" ("PIP") insurance coverage to pay initial bills, and then use your health insurance. Get copies of all records and bills. Do not give a recorded statement to the other person's insurance. Make sure you understand the time limits for your claim—the personal injury statute of limitations varies by state.

What if the defendant is to blame for my accident?

If it's obvious that the defendant or one of its employees is to blame for your accident—you've got witnesses who will testify on your behalf, for example—you may find it easier to prove fault, and to get a satisfactory settlement on your own.

How do I settle a personal injury claim?

Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.

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What do you say to an attorney?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

Can you sue someone who accidentally injured you?

If you are hurt by someone, either by what they did or failed to do, you may need to sue for your damages. You should be suing the person or company who hurt you for negligence.

Who pays costs in personal injury claims?

The general rule in personal injury claims in relation to payment of costs is that the 'losing' party pays the 'winning' party's costs.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Get to Safety

The first priority in the minutes after impact is to make sure you and the other occupants of your vehicle are safe. Secondary collisions are not uncommon, so if you are in the path of traffic, find safety as soon as possible. If you can get to safety in a parking lot or a grassy area, do so as quickly as you can.

Call EMS

Call 911 and request medical assistance as soon as possible. Make sure to mention there are injuries and let the dispatcher know to the best of your ability the number of individuals injured at the scene and the type of injuries involved. This will ensure they care for everyone as quickly as possible and send sufficient help and support.

Await the Police

When you call 911 in an accident involving injuries, police should also arrive at the scene of an accident. The law often requires police presence at accident scenes with injuries; it can help you and other accident victims, as you can use the police report they produce to establish the liability of responsible parties.

Retrieve Evidence From the Scene, if Safe to Do So

An accident scene can be difficult to process, and you can easily lose focus on how to protect your legal rights. If you or a loved one is injured, worry and pain rightly consume your attention. However, if you or another occupant or bystander are physically able to do so, you should photograph or videotape the scene of the accident.

Report the Accident to Your Insurer

Most insurers require that you notify them any time you are involved in a motor vehicle accident. While you must notify them based on the terms of your policy, your communication at this stage should be limited to the very basic facts of the accident.

Recover and Follow Treatment

Once you have received emergency care and treatment at an emergency room, your focus should turn to your long-term recovery. You should follow up with all medical treatments, appointments, and rehabilitation practices as prescribed by your providers. Your dedication to your recovery will help you heal as quickly as possible.

Keep Notes Throughout the Process

By filing a personal injury claim or lawsuit, you may later need to make statements or testify about the accident and your injuries. To give a full and accurate account, keep notes or a journal. As time passes, the details of the accident, your recovery, and other things pertinent to your claim can be difficult to remember.

What is a multiplier in personal injury?

Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.

What to do if you don't accept a counter offer?

Consider the counter-offer, and then decide if you want to accept it or not. If you do, fine. Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court.

What are special damages?

Special damages include property damage (costs to fix or replace your car after an accident), lost earnings and lost earning capacity, medical bills, and other financial losses attributable to your accident. They are capable of exact calculation because they can usually be added up.

Why do the stakes increase when you lose a case?

When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.

Can you negotiate a personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

Can you represent yourself in an accident?

When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.

Is a fair settlement a windfall?

You Want a Fair Settlement, Not a Windfall. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.

Unscrupulous lawyers break ethics rules when they contact injury victims

First-time car accident victims are not only dealing with physical and emotional distress, they are often navigating the legal system for the first time. Some find themselves hounded by unscrupulous attorneys who obtained their contact information illegally, commonly referred to as “ambulance chasers.”

Falling victim to the predators

Lawyers shouldn’t be soliciting clients as a general rule, so receiving an unexpected phone call from an attorney should be a warning sign for accident victims.

Violation of conduct

The American Bar Association’s (ABA) “ Model Rules for Professional Conduct “ provide strict guidance on how lawyers may solicit clients. An infraction could cost an attorney their law license. These rules, which were adopted by each individual state, regulate that:

Find your own law firm

Instead of falling prey to predatory attorneys, Keith recommends that accident victims find their own representation through referrals or research and seek someone who has extensive experience in the personal injury and car accident fields.

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