Checklist

When you have important injuries and you can not move, don’t try to do so, but ask for support and for an ambulance!

When you are in a position to get out of your automobile and it is possible to move about, the following must be followed:Do not admit fault

Call Police

Identify witnesses & obtain their names, addresses, telephone numbers – ask them to wait for police

Obtain and exchange all information with all other drivers: Name, License Number; Tag #, Insurance Company Name, Policy Number.

Assess Vehicle Damage

Take Photographs of the automobile damage on all vehicles involved (you really should keep a small “throw-away” camera in your vehicle just for this purpose)

If Automobile can not be driven, get name & telephone number of towing company and location where automobile will be located

Remove any valuables from your vehicle that you would not want stolen

Day 1 or Day 2:

1. Get medical attention should you suspect any injury / go to hospital or urgent care facility or family doctor within 24 hours of collision; go by ambulance from scene if appropriate.

Day 1, 2 or 3:

2. If an insurance company representative calls you, don’t talk to them about how the collision occurred or about your injuries. You need to discuss fixing your automobile and getting it out of the storage lot. What you say to an insurance person now may hurt you later. Call a lawyer first. They can advise you and they will speak to the insurance company for you, without jeopardizing your case.

Day 2 or 3:

3. Get your vehicle out of storage. Pay for it and you will be reimbursed! Storage charges rack up very quickly! Don’t let that happen. Auto really should not be in storage any more than 3-4 days.

Day 2, 3 or 4:

4. Vehicle repair and vehicle rental. If collision is not your fault, other side has to supply you with rental auto while yours is being repaired. If your auto is drivable and safe to drive and only has some aesthetic damage, you only get rental while yours is being repaired. We can assist with all of these matters.

5. Get additional medical attention. Orthopaedic Doctors, Physical Therapists, Chiropractors, Neurologists are all good if needed. Family doctor, internist, insurance plan “primary care physician” are probably not appropriate. Many doctors will work “on assignment” with you and your attorney, meaning you don’t have to pay them up front, as they agree to wait until your case is settled to obtain paid. Take lots of pictures of any visible injuries. Take them at least once a week until no longer visible. Write the date taken on the back of the photo.

6. Notify your employer of the collision and supply employer with Work Restriction or Disability Certificate from your doctor.

7. Obtain a notebook and keep a “diary” of events and problems and recovery time. Anything at all that occurs to you, even when you think it is insignificant, may be important, but forgotten, later, if not recorded now. Your pain. What you may and can’t do. Missed work. Missed school. Trouble sleeping. Irritability. Inability to exercise. Weight gain. Missed trips or travel plans. Etc.

8. Collect records and bills. While a $3.00 aspirin receipt won’t significantly increase the value of your claim, it is good evidence of your pain and the need for medication! Give these to attorney.

During “medical treatment” stage of your case:

9. Attorney gathers all records about your case: Police Report; Witness Statements; Vehicle Damage Photographs; Auto Repair Estimates or bills; Medical records, Medical Bills, Lost Wage Documentation; Injury Photographs.

After medical treatment has been completed:

10. Medical Care Completed and You’re “better”. Attorney reviews and evaluates file, “final” records are gathered.

Typically within 7-14 days after all documents are gathered:

11. I send a letter to my clients giving them my opinion about the value of their case. My letter requires your signature in order to for me to proceed to negotiate settlement. A meeting with me is always automatic if my client desires.

Typically within 5-6 weeks after “Client Authorization Letter” (see #11) is signed:

12. “Demand” package is sent to insurance company and settlement negotiations begin and are usually concluded. If unable to reach client approved settlement, meeting with client to discuss options, which include Arbitration, Mediation, or Litigation (going to court).

13. Arbitration and Mediation usually happens within 3-4 months after if negotiations stall and both sides agree to use mediation or arbitration.

14. Trial usually occurs (if case can’t be settled and mediation or arbitration are not used) typically within one year after the lawsuit is filed (for smaller cases, typically within six months).

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