CALIFORNIA PERSONAL INJURY LAWYER

WHAT TO DO AFTER AN AUTO ACCIDENT

By Randal Neal Cohen, Esq.

If you have been injured in an accident, the first place you should go to is a hospital emergency room.   Regardless of how you feel, it is in your best interest to go to an emergency room to have an emergency room physician perform an examination.  You may be in shock and not be aware of the severity of your injuries.  It is quite common for people to feel no pain until the next morning when they report that it is difficult to even get out of bed.  Going to an emergency room is not only a good idea in order to ensure that you are not letting serious injuries go undetected, but also helps strongly persuade insurance companies that you were injured.

Insurance companies who see delays in treatment often do not believe that injury claims are serious.  Emergency room treatment is a strong persuader that the injuries were in fact serious.  Emergency room doctors are often consulted before lawyers or lawsuits are contemplated.  Therefore, they have credibility with adjusters.  However, the emergency room doctor is not representing you with an insurance claim in mind.  Care must be taken when giving your history to tell the doctor exactly how you received your injuries and each and every part of your body that is bothering you.This will help ensure that the emergency room records are accurate. These emergency room records ultimately will be of great assistance in ensuring that you do not let subtle but serious injuries go undetected overnight and will also demonstrate to insurance companies that you consider the accident to be of a serious nature and that you are concerned about your health immediately.

In the event that you do not go to an emergency room, it is extremely important that you seek treatment from an orthopedist or other doctor who specializes in accident victims within 48 hours following the accident.  Any delays in treatment after an accident will again convince the insurance adjustor that you were not seriously hurt in the accident.  If you desire to take time off of work because you do not believe that you can preform your duties on your job as a result of the injuries, it is important to make sure that your doctor prepares a disability slip and notes in his records that he has placed you on disability.  Any earnings that are lost whether through actual deductions of pay or through the use of vacation or sick time are recoverable if clearly documented and justified in the hospital and employment records.

It is also important that you consult an attorney before giving any statements to any insurance company including your own.  Insurance adjustors' primary loyalty is to their own company and to keeping down costs and the payment of claims.  An insurance adjustor who feels that he can get to you before you've had an opportunity to consult with a lawyer may be able to subtly ask suggestive questions and persuade you to make ill-advised statements that will later seriously damage your claim.  Remember, it costs you nothing to consult with a personal injury attorney.