Don’t Hesitate – Why Fast Action Can Mean The Difference Between Winning And Losing Your Case

The Value Of Early Medical Treatment

The first thing you must do quickly after your accident is to seek medical treatment, as insurance companies will use your decision not to seek medical treatment against you. The insurance adjuster or an attorney will simply argue that you weren’t injured if you waited two or three weeks to see a doctor. They’ll argue that if you were really hurt, you would have sought treatment immediately.

Many people have the attitude of “I’ll get better eventually. If I grin and bear it, my body will heal on its own.” But after your accident, two or three weeks can go by, and the pain isn’t leaving. By the time you get to the doctor, it’s nearly a month after your accident, and the insurance company will use this delay to claim you were never really hurt to begin with.

If you’ve been in an accident, go see a doctor and then go see a lawyer. This is your one chance to have your injuries recorded, documented, and linked back to your accident. Let your doctor know about anything that hurts. Don’t hold back, and don’t try to politely hide or minimize your pain. Be honest, and make sure that everything is noted.

Catching Evidence Before It Disappears

Nowadays, there is far more video evidence of crashes and injuries. A grocery store surveillance camera might record a slip and fall, a traffic camera can catch a crash, and a camera inside a sports bar might record a fire that erupts. And this video evidence may only last for a limited amount of time before it’s deleted or recorded over.

You may have days or weeks to identify and preserve that footage, and your attorney must get a human request in for any possible recordings of your accident quickly.

If you were involved in an accident with a vehicle or a commercial truck, your attorney will need to request and protect the event data recorder. This is sometimes called a “black box” and records information such as how fast the vehicle was traveling, how hard the brakes were hit, and how strong of an impact occurred. If they don’t request and retrieve that data, the other vehicle may eventually be repaired or totaled, and that evidence will be lost.

For an example of how crucial this evidence can be, I had a client last year who was injured when another driver blew a red light. The defense claimed he didn’t do anything wrong and had a green light. I requested the traffic camera footage, and it was clear as day that the defendant had run the light. What’s more, the impact was absolutely devastating. It was a terrible crash, and I was shocked that no one had been killed. If I hadn’t had that video footage, proving the defendant’s liability and winning the case for my client would have been much more difficult.

The Importance Of Deadlines

The most important deadline for your personal injury case is your statute of limitations. In Illinois, you generally have two years from the date of your accident to file a claim against the negligent party. One exception to this is if you’re suing a city or state municipality, in which case Illinois will give you one year from the date of your accident.

But in Wisconsin, if you want to sue the city (for example, if a city bus hits and injures you), you only have 120 days to file a claim. That’s it. The point I’m trying to make? Call a lawyer today. Make that call, and find out if you’re still within the statute of limitations. The more time goes by, the worse things will be for your claim.

How To Act Quickly If You’re Still In The Hospital

If you have the kind of injury that requires hospitalization, you should still reach out to an attorney. A truly good, caring personal injury attorney will come and meet you in the hospital as you recover. While many attorneys can be hired online, I still insist on meeting with all of my clients in person whenever possible. This helps me get a sense of who you are, what your condition is, and what your concerns are.

Don’t wait until you’ve been discharged. Again, your attorney can act quickly to preserve evidence, reach out to witnesses, and ensure your claim is filed on time. You focus on healing and allow your attorney to focus on helping you get justice.