Injured in an Accident? Here's What To Do.
Being injured in an accident, whether a car crash, slip and fall, or any incident caused by someone else's negligence, can be a traumatic experience. In the aftermath, it's crucial to take the right steps to protect your well-being and maximize your chances of receiving fair compensation for your injuries.
Priorities at the Accident Scene
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Seek Medical Attention:
- Your health is the top priority. Even if your injuries seem minor, seek medical attention immediately. Some injuries may not be apparent right away, and a medical evaluation can create an official record of your condition.
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Ensure Safety:
- If possible, move to a safe location away from traffic or other hazards. Contact emergency services if necessary for medical assistance or to report the accident.
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Gather Information:
- Exchange contact information and insurance details with all parties involved. If there are witnesses, obtain their contact information as well.
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Document the Scene:
- Take photos and videos of the accident scene, including vehicle damage, your injuries, and anything else relevant to the incident. This visual documentation can be valuable evidence later.
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Report the Accident:
- File a police report, especially if it's a car accident. This official report will document the details of the incident and can be important for insurance claims and legal proceedings.
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Avoid Admitting Fault:
- Do not apologize or discuss blame at the scene, even if you think you might be partially at fault. Focus on exchanging information and ensuring everyone's safety.
Steps to Take in the Days Following the Injury
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Keep Detailed Records:
- Organize all documentation related to your injury, including medical records (appointments, treatments, prescriptions), expenses (medical bills, travel, out-of-pocket costs), and a journal documenting your pain levels, limitations, and the impact on your daily life.
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Notify Your Insurance Company:
- Report the accident to your own insurance company as required by your policy. However, be cautious about providing detailed statements until you've consulted with an attorney.
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Preserve Evidence:
- Keep any damaged property, clothing worn at the time of the accident, or other items that could be relevant as evidence.
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Avoid Social Media:
- Refrain from posting about the accident or your injuries on social media. Insurance companies may use social media posts against you, even seemingly harmless ones.
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Consult a Personal Injury Lawyer:
- Seeking legal advice early on is crucial to protect your rights. An attorney can help you understand the legal process, gather evidence, and negotiate with insurance companies.
How the McNeill Law Group, LLC Can Help
At The McNeill Law Group, our experienced accident lawyers in Port Charlotte, Florida, have been helping injured individuals for over 45 years. We have a proven track record of success in handling a wide range of personal injury cases, including car accidents, slip and falls, medical malpractice, and wrongful death.
Our process is focused on providing personalized attention and aggressive representation. We will:
- Conduct a thorough investigation into your accident.
- Gather evidence to support your claim.
- Negotiate with insurance companies on your behalf.
- Represent you in court if necessary.
We understand the challenges you face after an injury, and we're committed to fighting for your rights and securing the maximum compensation you deserve.
Frequently Asked Questions About What to Do After a Personal Injury Accident
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What if the other party doesn't have insurance?
- Florida law requires drivers to carry a minimum amount of bodily injury liability insurance (currently $10,000 per person and $20,000 per accident). However, some drivers may be uninsured or underinsured. If you're in an accident with an uninsured or underinsured driver, you may be able to pursue compensation through your own uninsured/underinsured motorist coverage (UM/UIM). This coverage is optional but highly recommended. It can help protect you in situations where the at-fault driver doesn't have enough insurance to cover your damages.
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How much does a lawyer cost?
- Most personal injury lawyers in Florida work on a contingency fee basis. This means you don't pay any attorney's fees upfront or out of pocket. Instead, the attorney's fees are deducted as a percentage of the compensation they recover for you. If they don't win your case, you don't owe them anything. This arrangement makes legal representation accessible to everyone, regardless of their financial situation.
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How long do I have to file a claim?
- In Florida, due to a recent change in the law, the statute of limitations for most personal injury cases is two years from the date of the injury. This means you have two years from the date of the accident to file a lawsuit. It's crucial to consult with an attorney as soon as possible after an injury to ensure you don't miss any important deadlines.
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What if the insurance company denies my claim?
- If the insurance company denies your claim or offers an inadequate settlement, your attorney can help you counter the decision or file a lawsuit to pursue your claim in court. They can gather evidence, negotiate with the insurance company, and represent you in court if necessary. Having an attorney on your side can significantly increase your chances of securing a fair settlement or jury verdict.