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What should I do if I'm injured in an Accident?

Immediate Steps: What to Do After an Accident

First, if you have been injured in a collision you should call K Durham Law PLLC and talk to an experienced personal injury attorney who will guide you through the process. If you are unable to contact an experienced attorney right away, it is important to call 911 to report the collision so a police officer and an emergency medical response team can be dispatched to your location. You should answer the officer’s questions and allow the emergency medical response team to assess your injuries to determine if you need to be transported to the hospital. For official guidance on what to do immediately after a car crash, visit the NHTSA.

While there may be quite a bit of commotion at the scene of the collision, it is important to get the name, address, phone number, driver’s license number and license plate number of any other vehicles involved in the collision as well as the name and contact information for any potential witnesses.  Do not rely on the Police Department.  It is also a good idea to take photographs of all of the vehicles involved in the collision.

Make sure you get evaluated by a medical professional to determine the nature and extent of your injuries and be sure to follow your physician’s treatment recommendations.

Handling Insurance and Legal Matters: What to Do After an Accident

I strongly recommend contacting K Durham Law PLLC or another experienced personal injury attorney before contacting any insurance company even your own. While you are not responsible for notifying the other driver’s insurance company of the claim, it may be the only way to get the process moving. The insurance carrier will likely wait to hear from you or your attorney before they will set up a claim to move the process forward.

 

If you call to set up a claim with the insurance company, it is the adjuster’s job to get you to agree to provide a recorded statement.  In the recorded statement the adjuster will ask several questions about how the collision occurred, your injuries as well as what treatment you have undergone.  They know how to ask questions in a way to elicit the responses they need to minimize your claim from the initial call.  The insurance companies have every incentive to pay out as little as possible on every claim.  This even includes your own insurance company.

A little on each of these:

Car Accidents

Car accidents are very common in Arizona and the injuries sustained can be serious or catastrophic in nature.  If someone is found to be at fault for your injuries in a car accident, you are entitled to be compensated for your losses, these can include expenses for reasonable medical care, reasonably related future care, lost wages, future lost wages, permanent impairment, loss of life, permanent disability, pain and suffering and possibly punitive damages.  You should consult with an experienced car accident  attorney to ensure you get the settlement you deserve.

Motorcycle Accident Lawyer

Motorcycles do not have the benefit of doors, reinforced steel frames, airbags or seat belts that automobiles have, which leave motorcycles exposed without significant safety features.  Thus, motorcycle collisions tend to produce more significant injuries.  In fact, the driver of a motorcycle is more likely to die in an accident than the driver of an automobile. If someone else is found to be at fault for your injuries in a motorcycle accident, you are entitled to be compensated for your losses, these can include expenses for reasonable medical care, reasonably related future care, lost wages, future lost wages, permanent impairment, loss of life, permanent disability, pain and suffering and possibly punitive damages.  You should consult with an experienced motorcycle attorney to ensure you get the settlement you deserve.

Truck Accident

Truck Accidents or Commercial motor vehicle accidents tend to be more dangerous and deadly than passenger vehicle only collisions.  This may be attributed to the sheer size of the commercial vehicle involved.  Trucking collisions are complex and have many intricate moving parts that need to be reviewed and ultimately developed in order to prove fault.  There are also specific rules and regulations that apply to commercial motor vehicle accidents and investigation requirements that do not apply to passenger vehicle only accidents.  It is imperative that you know your legal rights and protect those rights.

Municipal Injury

Light rail and claims against municipal entities are complex and nuanced.  There is an escalated time frame within which you must bring a claim if you were hurt due to the negligence of a city, bus, light rail or other type of municipal or governmental entity.  The normal time frame for negligence in the State of Arizona is two years from the date of the incident.  However, incidents involving municipalities or governmental entities or employees is significantly less and has a different procedure and time frame for perfecting your claim.  You should talk to an experienced personal injury attorney who can guide you through the process and ensure you do not lose your right to recovery due to a procedural error.

Slip and Fall

A Slip and Fall is when someone slips on a substance which causes them to fall, where as a Trip and Fall is when a person trips on something which causes them to fall.  Slip and Fall or Trip and Fall injuries are very common and can happen anywhere.  However, just because you slip or trip on something does not mean the property owner is liable for your injuries.  In Arizona, there are certain elements that must be shown for an owner to be liable.

Therefore, it is imperative that you contact K Durham Law PLLC or another experienced slip and fall attorney that can begin to immediately obtain the necessary documentation to establish your claim.  It is important to place all potential defendants on notice to maintain and preserve specific evidence that may be relevant to your case.  This is also known as a spoliation or preservation letter.  This is important as companies oftentimes destroy documentation or more often video footage that may be essential to establish and prove your case, either purposefully or in the ordinary course of its document retention procedures.

Dog Bite

Arizona has specific laws that deal with dog bites.  Generally, in order for the dog owner to be found liable you must prove the injury was caused by a dog bite, and the bite was suffered while the person was in a public place or lawfully in a private place.  There could be multiple people or entities that may be liable for a dog bite.  It is possible if the owner of the dog is not present, a caretaker for the dog may be jointly liable for injuries.  There may be other instances where other entities or individuals may be held liable.  Arizona also has two different time periods for which you must file your claim.  It is important to consult with an experienced dog bite attorney to determine who the correct parties are in order to file a proper claim and to make sure you file the claim within the correct time period.

How much is my case worth?

Don't run out of time without filing

There are many factors you must consider when determining what the time limit or statute of limitations would be for a personal injury claim.  Generally, Arizona has a two year time limit wherein you must file a lawsuit to preserve your personal injury claims.  However, there are other instances where the time limits are much shorter.  One example of a shorter time limit would be if the personal injury involved a city, county or state vehicle, location or employee.  This is only one example of where a shortened time limit would apply.  You should consult an experienced personal injury attorney to confirm what deadlines may apply to your specific case.

Consulting Experts: Why Knowing What to Do After an Accident is Crucial

K Durham Law PLLC specializes in personal injury cases so we know the intricacies in the law pertaining to personal injury.  We are also different in that we treat each client as an individual.  We know each client and their case, you are a person not just a file or number.  Each client is treated with respect and given the attention they deserve.  Every case is developed specifically according to the individual client, it is not a one size fits all approach.