In the immediate aftermath of an accident, you should get medical care immediately, then call a lawyer. Acting quickly, we can secure evidence that will help you build your case and bring a claim against the at-fault parties and their insurance.
Never attempt to handle your case without a lawyer. We can collect evidence you might not have thought of, communicate with the insurance companies for you, and negotiate for fair compensation. If it comes to it, we can also take the case to court.
For a free case evaluation, call the personal injury lawyers at Basch, Keegan & Spada at (845) 303-2748.
What to Do After an Accident in Shawangunk
In the aftermath of your accident, whether it be a car accident, a slip and fall, or a product injury case, there are steps to take.
Get Medical Care
Getting immediate medical care gets you the treatment you need to stop your injuries from getting worse and get you on a path to healing. If you skip this, you could be responsible for any worsened conditions.
This also documents your injuries and creates diagnoses and medical records to prove how bad your injuries were.
Collect Evidence
We need evidence to win your case. This consists of a lot of things that can be found or produced at the accident scene:
- Witness contact info
- Pictures of the accident scene
- Any items or evidence we can physically collect (e.g., the broken product that injured you).
Afterward, we can collect other information or evidence, such as police reports in a car crash, a store’s records of who was working for a slip and fall case, or security camera footage for any accident.
Follow Up With Medical Care
Again, to properly heal and prevent things from getting worse, you need to continue with treatment. If any new injuries arise – such as whiplash appearing the day after a crash – get them treated and documented immediately as well.
Call a Lawyer
You should never try to file a lawsuit on your own. We can review your case, collect evidence, negotiate with the defense, and even take cases to trial if needed.
File Insurance Claims
Insurance claims may pay you full damages without needing to go to court.
In car accident cases, you are actually expected to use your own insurance first, then you can go after the defendant’s insurance if you have serious injuries.
In most other cases, you are just filing with the defendant’s insurance, and they may be reluctant to pay full damages.
Negotiate
Through negotiations, we can potentially increase the claim value and get the case settled for a fair amount. If they refuse, we can continue on to trial.
File a Lawsuit
In a lawsuit, the judge makes legal decisions about things like what evidence can be admitted, and the jury makes decisions about what happened and how much the case is worth. It is our job to convince them your claim succeeds.
How to File a Lawsuit for Injuries
To get your case into the court system, you have to take the following steps:
Build Your Case
Before we file, we build your case. This means assessing the evidence we have, collecting additional evidence, and coming up with a theory of how the defendant is liable for what happened.
File the Claim
We file a Complaint in court to get the case started, and we serve the defense with a copy of the complaint. They then get time to answer it, and additional motions are filed.
Continue Negotiations
We can continue to negotiate at all times. The defense may see the lawsuit as additional pressure to settle so they can avoid the time and expense of defending a case they know they will lose.
Discovery
In the discovery stage, we exchange evidence; cases do not work on surprises. Once both sides have all evidence on the table, the defense usually sees they will lose. At that point, they may be most willing to settle.
Trial
If they still refuse to settle, we put on a trial before a jury.
How to Talk to the Insurance Company
Do Not Talk to Insurance Without Your Lawyer
Once you are represented by a personal injury lawyer, the other side – and their insurance companies – should not speak to you directly anymore. This helps keep you from being taken advantage of.
In the meantime, do not trust insurance to have your best interests at heart.
Do Not Make Recorded Statements
If you say anything to the insurance company, they can use it against you. Only speak to them through your lawyer or in front of your lawyer, and review any statements you will make with us first.
Do Not Sign Anything
Insurance companies may try to give you a range of documents that could hurt or even end your case:
- A copy of statements you made so you can sign and confirm they were accurate and true
- A statement saying you have no further damages you are going to seek
- A settlement agreement to end the case for a certain amount of money.
Never sign these documents or other paperwork without your lawyer’s approval.
Do Not Accept Money Without Checking With Your Lawyer First
If you do accept money for your damages, it may function as a settlement. In claims through your own insurance, that might not settle the case, and you can still file a claim against the at-fault driver. This is common in car accidents.
However, if you take money from the defense, the case is likely over, and you cannot sue for more money.
FAQs for Personal Injury Cases in Shawangunk
How Long Do You Have to File Your Lawsuit?
Most injury cases give you 2 years from the date of the accident to file. Intentional injuries, like assault and battery, get only 1 year to file.
What Are the Elements of an Injury Case?
In an accidental injury case, you typically need to prove these four elements of “negligence”:
- The defendant owed you a legal duty.
- They breached that duty.
- That breach caused the accident.
- The accident caused you damages and injuries.
How Do You Know How Much Your Case is Worth?
Always work with a lawyer to calculate damages. Do not trust that the insurance company’s valuation is correct.
Calculating pain and suffering and other “non-economic” damages is also more difficult without bills or receipts to reference.
Call Our Personal Injury Attorneys in Shawangunk
For your free case review, call our personal injury attorneys at Basch, Keegan & Spada at (845) 303-2748.