Knowing how to claim bodily injury from an accident involves getting medical attention, reporting the collision to your insurance company, and filing a claim with the at-fault party’s insurer. Throughout the claims process, you will notify the insurance companies of your injuries and provide any necessary documentation of your medical care. While claiming bodily injury might seem straightforward, securing fair compensation for your accident-related injuries is often more complicated. An auto accident attorney can help by filing your insurance claims (if you haven’t already), guiding you through the claims process, and taking legal action if necessary to ensure you receive fair compensation.
How You Can Claim Bodily Injury After an Auto Accident
First, it’s important to reiterate how helpful a personal injury attorney will be after your accident. Rather than worrying about the following steps, you can focus on recovery while your lawyer handles these measures.
To claim bodily injury from an auto accident, it is necessary to:
Get Your Injuries Looked at Right Away
When an auto accident happens, there are a few highly likely results. Property damage and injuries are among those likely outcomes. While you will take care of vehicle damage in time, your injuries are an urgent priority, so you should:
- Evaluate yourself for any possible physical injury (even mild soreness can be a sign of a potentially serious condition and is worth having a doctor look at)
- Visit a medical professional qualified to evaluate accident-related injuries (emergency rooms and urgent care facilities are generally qualified if you don’t have another medical professional in mind)
- See any specialists the primary care doctor refers you to, as you may need to undergo medical imaging, further testing, and various treatments
- Keep all documentation of injuries and accident-related care, as your car accident lawyer will use this documentation when constructing your case
Getting emergency care after an auto accident can “enhance the survivability” of the crash—in other words, potentially save your life. Seeking medical attention may also reduce the likelihood of long-term injury symptoms and provide essential documentation for your case.
Investigate Potential Emotional and Psychological Damages (and Get Necessary Treatment)
Psychological and emotional harm are two more outcomes that often arise from traffic accidents. Studies even show that serious conditions, including post-traumatic stress disorder (PTSD), are “common” among accident victims.
You may see a mental health professional after the accident. This might be a counselor you’ve seen previously or perhaps someone new. Whoever you see, make sure they are qualified to identify, document, and treat conditions like PTSD that might result from your accident.
File Claims and Ensure the Insurance Companies Recognize Them
You may need to file one or more insurance claims in response to the auto accident. Your attorney will:
- File any necessary claim with your auto insurance provider
- File any necessary claim with the at-fault motorist’s auto insurance provider
- Get documentation showing that your claims are recognized by every liable insurance provider
- Represent you throughout the entirety of the claims process
Keep in mind that it’s not always obvious who is at fault for an accident. This is all the more reason to hire an auto accident attorney as soon as possible. Your lawyer will immediately gather all evidence that proves who caused the accident. This evidence will be critical to your case’s success, so you’ll want your lawyer to secure it right away.
Gather and Preserve All Relevant Documentation of Your Losses
While documenting your losses will be one of your lawyer’s many duties, why not help them? Keep any medical bills, photographs of injuries, and other documentation that shows your accident-related losses. You should also keep evidence of the at-fault party’s negligence relevant to your case.
If you want to go even further to help your case, you may:
- Keep a journal detailing injury symptoms, lost sleep, psychological and emotional hardship, and any other distressing accident symptoms
- Make audio and video recordings documenting your day-to-day experience after the accident if you think this better illustrates your losses (or is simply easier for you to do)
- Have witnesses document their accounts of your losses, as their perspective may be valuable to your case, too
If you want to promote your case’s success, hiring an attorney is the wisest step. Your lawyer will begin compiling evidence and documentation as they build your case for fair compensation.
Be Very Careful Whenever You Interact with Insurance Companies, Law Enforcement, and Others Involved in Your Case
You probably have good intentions, like most accident victims. You want to ensure everyone involved in the accident is OK, and you likely want to get fair compensation and move on. However, even good intentions can prove detrimental to an auto accident case—be very careful after the collision.
Insurance companies and other liable parties may not share your good intentions. They may use it against you if you:
- Apologize to anyone involved in the accident
- Say phrases like “my fault” to law enforcement officials
- Give an unclear account of how the accident happened to insurance representatives
- Suggest that you were distracted at the time of the accident
- Take any action or make any statement that can be misconstrued, misinterpreted, twisted, and ultimately used against you
Car accident victims are not always aware that their case is under fire from the moment the accident happens. You’d be well-served to hire an attorney right away.
Insurance companies are known to use bad faith tactics against claimants, typically for the insurance company’s financial gain. Your lawyer will immediately step in to protect you, advise you, and prevent any potentially costly mistakes.
Claiming Injury Is Just the Start. Securing Fair Compensation Comes Next. Expect Challenges (and Let a Lawyer Help).
Claiming bodily injury is something you might do on your own, though a personal injury lawyer will handle these steps if you hire them soon after the accident. Reporting an injury is a relatively straightforward set of steps, while obtaining the money you deserve is anything but.
You should anticipate several challenges when seeking compensation for accident-related damages, including:
Insurance Companies Undermining Your Claims
Many accident victims make the mistake of assuming insurance companies always act ethically. Just because you paid for a policy or the at-fault driver has a valid policy does not mean insurers will honor those policies by default.
Your claim may be plagued by insurance companies:
- Denying the claim
- Undervaluing your covered losses
- Insisting that you make a recorded statement before you’re prepared
- Twisting your statements to portray something you didn’t mean
An insurance company might even extend a lowball settlement offer. Some claimants have grave financial concerns after an accident and might accept such an offer. This would be a poor decision, so allow a personal injury lawyer to negotiate with insurers on your behalf instead.
Significant Time Demands
Securing fair compensation after an auto accident requires time and persistence. Time is something you may not have much of, especially as you dedicate much of it to your recovery.
Because your lawyer will handle your case as part of their daily work, they will have the time to build and present a strong case.
Stress
Those who suffer from PTSD may experience the symptoms for years after the traumatic event. Even if you do not receive a PTSD diagnosis, you may still be suffering uncommon stress after the collision. You don’t need to take on any more stress, yet your case might be stressful due to:
- Insurance companies contacting you (including at irregular hours)
- Having to adjust your life to meet with insurance adjusters (and accommodate other case-related obligations)
- The cognitive strain of trying to identify bad-faith tactics from liable parties
- The physical demands of gathering evidence and certain other case-related duties
You might also be stressed if you’re solely responsible for securing the compensation you deserve. You’re not alone when you hire a personal injury attorney. A lawyer protects you in many ways, including from the threat of case-related stressors.
Complex Damages
It is imperative that whoever leads your case identifies all of your damages. It’s just as important that the value of each damage is calculated accurately. The slightest error or oversight can have catastrophic consequences, including an inability to pay for accident-related treatment.
Trust a lawyer to identify, document, and accurately calculate your damages. This is what they do.
Contentious Negotiations
Though most accident-related claims and lawsuits eventually lead to a financial settlement, the path to a deal can be rocky. Your lawyer may need to:
- Make it clear, against significant resistance, that you’re not going to accept any less compensation than you deserve
- Present a convincing case complete with evidence of negligence and documentation of damages
- Rely on experts to contribute to their case success
- Communicate that they will take legal action if insurers or other liable parties will not negotiate in good faith
Your lawyer may even need to act on their threat of legal action with your blessing.
A Potential Lawsuit
It’s not unheard of for accident victims to file lawsuits after collisions. You might do so if the at-fault driver is uninsured, insurance companies do not negotiate in good faith, or for other reasons.
Lawsuits and lawyers are a time-tested pairing. If you need to take legal action, let a lawyer’s experience work in your favor.
How Your Attorney Will Present Your Case for a Fair Financial Recovery
Attorneys formulate a unique case plan for each accident victim they represent. While each of those cases has its strategy and agenda, most of them require the attorney to:
- Name the at-fault and liable parties: Your lawyer will evaluate the facts to determine who caused your auto accident. Often, a motorist is at fault. Your attorney will then determine if the motorist is insured and who is liable for your accident-related losses.
- Determine the case value: Bodily injury has a cost. Your attorney will calculate your injuries’ economic and non-economic impact and other losses like property damage.
- Prove the client’s damages: A successful auto accident case includes extensive documentation of the client’s damages. Your lawyer may refer to medical bills, medical records, your own testimony about pain and suffering, expert testimony, and other documentation to prove the value of your case.
- Negotiate aggressively: One of the most common differences between accident survivors and attorneys is negotiating experience. You might even hire a lawyer in large part because of their proven record of negotiating large settlements.
If your lawyer gives their all to settlement negotiations but does not receive the offer you deserve, be prepared to discuss a lawsuit. Your lawyer should have experience fighting for judgments at trial, and they should be willing to fight for you if your case comes to that.
Here Are Damages You Might Have Suffered in Your Auto Accident
Your accident-related damages will directly determine your case value. Understanding and documenting your damages can not be more critical, and your attorney will determine if you’ve suffered:
- Pain and suffering: You may have pain and suffering if you’re in pain, having troubling memories of the accident, feeling anxious, having difficulty sleeping, or suffering many other problems that qualify as pain and suffering.
- Property damage: If your vehicle or other personal property was damaged during the auto accident, you deserve money to repair or replace that property
- Medical costs: The cost of any accident-related medical care will be part of your lawyer’s settlement demands.
If you have any other economic or non-economic expenses or losses due to the accident, your lawyer will include those damages in your case.
Locate a Qualified Auto Accident Attorney Today
If you've suffered bodily injury in a car accident, it's important to seek legal representation as soon as possible.Your lawyer will need time to build a strong case. With most auto accident cases having filing deadlines, it’s up to you to give them that time.
By locating an injury attorney you can rest assured that your rights will be protected. Don’t wait to hire your auto accident attorney; they won’t wait to pursue the compensation you deserve.