Perhaps you have experienced it or know a friend or family member who has. It is a common story. You are waiting at a stop light or an ordinary junction and then BAM! Someone has just run straight into the back of your vehicle. Perhaps you feel pain immediately. Or maybe you don’t feel anything at the time, but the next morning or a couple days later your neck is stiff and your back hurts. This is just one of the many ways that an innocent person can be injured in a car accident. The question is, what should you do next?
What do I do at the scene?
It is essential that you obtain the name, address and contact information of the driver, owner and insurer of the vehicle responsible for the accident. This step should be taken whether or not you are experiencing pain at the time and even if you are a passenger in the vehicle which is responsible for the accident. This will allow you to be able to identify and later contact the person or entity from whom you will have to claim compensation.
What if I am only feeling a little discomfort? Should I still go to the doctor?
Once you are experiencing any pain, no matter how small, you should go to the doctor. It is quite common for injuries sustained in a car accident to appear mild initially and then become much more severe with the passage of time. Not only does this allow your doctor to evaluate you from the outset, but it strongly supports your case that your injuries are directly as a result of the accident.
What if I only experience pain days after the accident?
Of course, the longer the time frame between the accident and when you feel pain, the less likely it is that you are going to be able to prove that they are related to each other. However, it is understood that sometimes certain injuries which are experienced in car accidents do not immediately cause pain. Therefore you should still go to the doctor as soon as that pain is felt.
Do I need a lawyer to claim compensation?
No. You do not. You can negotiate with the person responsible for the accident or the insurance company on your own.
However, that is not always in your best interests. Whether your injuries are minor or severe, the purpose of compensation is to ensure that you are reimbursed for all types of monetary or other loss that you have suffered. A lawyer is trained to know all of the types of loss for which you can be compensated and to seek out the necessary information from you which supports that claim. If you settle it on your own, there is a real risk that some type of loss you have suffered will not be considered.
How do I assist my lawyer in submitting the best possible claim?
As a claimant, you have two main roles:
- Keep track of all losses and impairments – One of the most important tools in any personal injury claim is the information that only you can provide. You must keep track of and inform your lawyer of all of the extra money you have had to spend because of the injuries and the different ways in which they have negatively affected your life. Some of the steps you can take to achieve this are:
- Keep a log of everything that you were able to do before the accident which your injuries now prevent you from doing. When I say everything, I mean everything! Simple things like bathing, household chores, exercise, social activities, sleeping comfortably and even sex are relevant.
- Request and keep all receipts for every service that has to be provided to you only because of your injuries. These are not limited to medical treatment; they include fees paid to someone for services like cleaning your home, doing your gardening or even transporting you to medical appointments. You should then submit these receipts to your lawyer periodically so that your file can be up to date.
- Maintain a record of and submit all pay slips or documents related to loss of earnings during the course of your injury.
- Take all steps to recover – You have a responsibility to take all reasonable steps to ensure that you recover from your injuries as soon as possible. If you fail to do that, your compensation can be reduced. Thus, it is best to:
- Continue to attend the doctor or seek medical treatment for the full period during which you are experiencing pain.
- Always follow the advice of your doctors.
- Attend any specialists to whom you are referred.
What if I cannot afford the medical treatment or some other expense?
Always speak to your lawyer before simply refusing to get the treatment or service required. If the person responsible for the accident has accepted that they are liable, a request can be made for them or their insurer to pay these expenses on your behalf. This is a more feasible option where there is a detailed invoice from a reputable entity and the responsible party is insured or has the personal means to pay.