I Was Injured in an Accident, What Do I Do?
Do I Have to See a Doctor?
Can I Recover Compensation if the Accident Was My Fault?
If I Have a Previous Injury, Will That Affect My Right to Receive Compensation?
Should I Wait to Bring My Claim?
Will I Have to Go to Court?
Do I Have to Pay my Lawyer Anything Up Front
Should I Accept a Check From the At-Fault Driver or the Insurance Company?
Additional Dos and Don'ts
I Was Injured in an Accident, What Do I Do?
Record all important information, license numbers, and the year, make, model and color of all vehicles involved, and the details of the accident, including date, time, location, road conditions, traffic controls, and weather conditions. If you have not yet contacted us, you should do so immediately to maximize your compensation and minimize the frustration, delay and confusion that you may experience when you make an injury claim.
Photograph your injuries and the damages to your car. Gather all automobile insurance policies in your household for evaluation by us. And inform your insurance company of the accident.
Consult a physician as soon as possible. You may experience a time lag between the collision and full awareness of the extent of your injuries. Certain injuries may not be apparent until sometime after an accident. By not seeing a doctor, you risk delaying your treatment and aggravating your injury. Even minor soreness can be an indication of a more significant injury. Therefore, if you believe there is any chance you may have been injured, you should see a doctor as soon as possible. An insurance company will argue that the failure of an individual to see a doctor right away indicates that an injury must have resulted from an unrelated event after the accident. The longer you wait for medical treatment, the more difficult it will be to connect the injuries to the accident. Be sure to report all of your symptoms to your doctor, such as any memory loss, headaches, blood or fluid in your ear, dizziness, ringing in your ears, disorientation, nausea, or confusion.
We will obtain documentation of all of your losses, including medical bills, reasonable transportation costs related to the injuries, future medical treatment, lost wages, future loss of earnings, the effect on your family, and the effect on your life. We will help you identify all losses that may be related to your accident.
Obtain our legal advice before filling out insurance documents, before giving any recorded statements to any insurance company, and before meeting with any insurance company representative. It is especially important that you do not give a statement to the other driver's insurance company and you do not sign any check or document from any insurance company without first consulting us.
Do I Have to See a Doctor?
If you are injured in an accident, you should seek medical attention. Frequently, an accident injury will not appear immediately. Whenever symptoms first appear, go to your family doctor, a hospital emergency room, or another medical professional to obtain medical care. Whether or not you have a claim, you should be examined by a doctor both for your own peace of mind and to document the injury in order to support your claim.
Can I Recover Compensation if the Accident Was My Fault?
Being at fault for the accident does not necessarily mean that the person is precluded from receiving any compensation for injuries and losses. An injured party may still be able to recover damages even if the accident was partially their fault. The amount of recovery will depend on the facts of the case. In these situations it is extremely important to consult with us as soon as possible.
If I Have a Previous Injury, Will That Affect My Right to Receive Compensation?
A previous injury does not necessarily affect the right to recover compensation. The injured party may still recover damages for re-injuring or aggravating the earlier injury. In order to document the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.
Should I Wait to Bring My Claim?
If you or a loved one has been injured in an accident and you intend to make a claim to recover money for the injuries and losses, do not delay.
- Delay can cause you to lose valuable rights. There are time limits called "statutes of limitations" for making claims. If you wait too long and the statute of limitations passes, you will be prevented from bringing your claim.
- Delay can hurt your case. As time passes, it becomes more difficult to gather important evidence, and some evidence can be lost forever. It is also harder to find and interview witnesses who may move or forget details of your accident.
- Delay or guessing can cause anxiety. Worrying about your case can cost you more than just a good night's sleep. And, delay can cost you thousands of dollars. Since waiting can cause the case to be dismissed or hurt the chances of getting the best recovery, seek our help as soon after an accident as possible. At Mueller Law Group, we fight to obtain the maximum compensation for you.
Will I Have to Go to Court?
Most accident injury cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the costs and delay of a trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to try it in court. We resolve cases in the way that it is best for our clients. Because of the cost, time and stress involved in litigation, a courtroom may be the last place you want to go to resolve your case. Because of our experience in and out of court, we are able to settle most cases for our clients so they do not have to go to court. But, if the insurance company is unreasonable, we are prepared to take the case to trial if necessary. Because the insurance companies know that we are ready, willing and able to go to trial, we negotiate from a position of strength and have leverage to get the best results for our clients
Do I Have to Pay my Lawyer Anything Up Front
At Mueller Law Group, we will pursue a personal injury or wrongful death claim for a contingency fee, which means that our fee is paid out of the money that we collect for you. If we collect no money on your case, you pay no fee. And you pay no money down. We advance all costs for you necessary to prove your case and to maximize its value. (The Arizona Supreme Court requires clients to be liable for expenses regardless of the outcome of the case.)
Should I Accept a Check From the At-Fault Driver or the Insurance Company?
Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until after you have conferred with us. Typically, an attorney will encourage you to wait to accept a check until you have completed your medical treatment and have been released by a doctor, so you know you have received an amount that adequately covers your medical bills and other damages. An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting an attorney. If so, you should ignore his or her advice, and consult us immediately before accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.
Additional Dos and Don'ts
Do see a doctor immediately. Your injury could be more serious than you realize. If you do not have a doctor, we will help you find one.
Do take photographs. That does not mean you should sneak a "PatientCam" into surgery with you, but take photographs of your vehicle and your injuries.
Do notify your insurance agent of the accident as soon as possible.
Do review and understand your insurance policy, especially the "Coverage" and "Exclusion" sections of the policy.
Do consider all insurance policies under which you might have coverage. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, "umbrella" policies, and materials that came with your credit cards.
Do call us immediately.
Do Not give a statement to anyone. It is evidence and can be used against you.
Do Not sign anything without our advice. It could be a "release" (which ends your right to collect in the future even if your injury is more serious than you realize) or an "authorization" (which allows them to get all your confidential records, even ones that have nothing to do with your case). A bad financial situation after a major loss may make it seem necessary for you accept a premature, inadequate settlement. Talk with us first.
Do Not automatically accept any estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's repair or replacement estimates, which might be low.
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Serving clients throughout the State of Arizona
and Maricopa County including the communities of Phoenix, Scottsdale,
Tempe, Mesa, Glendale, Peoria, Gilbert, Chandler and Sun City. |
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© Copyright 2006, Mueller Law Group, All Rights Reserved
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