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Portland Personal Injury Attorney: Dedicated to Helping You Recover Damages

What To Do After a Car Accident: Steps to Protect Your Personal Injury Claim

Being involved in a car accident is a stressful and often traumatic experience. In the aftermath, taking the proper steps to protect your personal injury claim is crucial. If you are looking for compensation for pain and suffering, lost wages, or medical expenses, following a clear plan of action right from the get-go can significantly impact the outcome of your case. 

This article provides a step-by-step, comprehensive guide for individuals involved in a car accident. It focuses on safeguarding their legal rights and maximizing their injury claim. For those in the Portland area, seeking guidance from a Portland personal injury attorney can be particularly beneficial.

Immediate Actions to Take at the Scene

Immediately after the accident, prioritize safety. Move your vehicle to a safe location to prevent further accidents or traffic blockages if possible. Check with all parties involved for injuries, call 911 to request medical assistance if needed, and report the accident. Even if injuries seem minor, getting a professional medical evaluation is wise.

Having an official police report is critical for any personal injury claim. When the police arrive, provide a clear and unemotional account of the accident. Avoid speculating or admitting fault. The police report will be essential to your claim, so answer questions as concisely as possible.

Gather information from the other driver(s) involved, such as name, address, contact information, insurance company name and policy number, driver’s license number, vehicle make, model, and license plate number. If there are witnesses to the accident, get their contact information since witness statements can support your claim.

Document the accident scene with photos from multiple angles. Capture images of vehicle damage, road conditions, traffic signs and signals, skid marks or debris, and visible injuries. This visual evidence can help establish the circumstances of the accident and the extent of damages.

Even if you feel fine, seek medical attention as soon as possible. Some injuries may not be immediately apparent, and visiting a healthcare provider ensures that any injuries are documented, which is vital for your personal injury claim. Follow all medical advice and keep detailed records of your treatments and medical expenses.

Crucial Documentation to Gather

Obtain a copy of the police report from the local law enforcement agency. This document includes vital information about the accident and is critical evidence for your claim.

Keep comprehensive records of all medical treatments related to the accident, including hospital visits, physical therapy, doctor appointments, medications, and any other medical expenses. Detailed medical documentation supports the severity of your injuries and the necessity of your treatments.

Keep a journal documenting your injuries, pain levels, and how the accident affects your daily life. Record any details such as missed work, changes in daily activities, and emotional distress. This personal account can be persuasive in demonstrating the accident’s impact on your life.

Keep a record of all contact with insurance companies, medical providers, and anyone else related to your claim. This correspondence would include emails, letters, and notes from phone calls.

Tips for Dealing with Insurance Companies

Report the accident to your insurance company as soon as possible. Provide them with accurate information, but be cautious about the details you share. Don’t elaborate. Stick to the facts. 

Be cautious when dealing with insurance adjusters. Their goal is to minimize the payout as much as they can. Be polite but guarded. Only provide recorded statements after consulting your attorney, and never sign any documents or accept a settlement offer without legal advice. 

Hiring a Portland Personal Injury Attorney

When looking for an attorney, you should ask for recommendations from friends, family, or coworkers who have dealt with personal injury attorneys. Online reviews and legal directories can also provide insights into reputable attorneys in Portland.

Schedule consultations with several attorneys to discuss your case. Most Portland personal injury attorneys offer free initial consultations. During these meetings, evaluate the attorney’s experience, approach, and how comfortable you feel working with them.

Pick an attorney with significant experience in handling car accident cases. Ask about their success rate and how they plan to approach your case. An attorney experienced in personal injury law, like the lawyers at Warren Allen in Portland, OR, can effectively navigate the complexities of Oregon’s personal injury laws on your behalf.

Ensure you understand the attorney’s fee structure before committing. Most attorneys work on a personal injury case on a contingency fee basis, which means they only get paid if you win your case. Clarify any additional costs that may arise during the process.

Additional Steps to Protect Your Claim

  • Adhere strictly to all medical recommendations and attend all follow-up appointments. Following doctor’s orders demonstrates that you are taking your recovery seriously and helps to document the extent of your injuries.
  • Be careful about what you post on social media, even if it’s not about the accident. Insurance companies hire investigators who may monitor your accounts for any posts that could undermine your claim. Even innocuous posts can be taken out of context and used to prove that you’re not injured because you posted photos of yourself ziplining in Costa Rica.
  • Do not discuss the details of your accident or claim with anyone other than your attorney. Statements made to friends, family, or colleagues can be used against you if they are inconsistent with your official claims.
  • Personal injury claims can take some time to close. Be patient and trust the process because rushing into a settlement can result in accepting a lower compensation than you deserve. Your attorney at Warren Allen will work to make sure you get fair compensation for your injuries or losses.

Working through the aftermath of a car accident can be hard to do on your own, but taking the proper steps can protect your legal rights and maximize your personal injury claim. Every step is essential in building a solid case, from immediate actions at the scene to gathering crucial documentation, dealing with insurance companies, and hiring a Portland personal injury attorney. Follow our comprehensive guide to ensure you are well-prepared to pursue the compensation you deserve. Remember, the assistance of an experienced attorney can make an enormous difference in your case, helping you to navigate the complexities of personal injury law with confidence. Contact Warren Allen today to schedule a consultation and see what we can do for your personal injury case.

Does Hiring a Personal Injury Attorney Mean That I Have to File a Lawsuit?

Filing a lawsuit can be a long, arduous process. It can sometimes take years before the matter is even heard before a judge. The good news is that hiring a personal injury attorney doesn’t mean you have to file a lawsuit. In fact, filing a lawsuit with a personal injury attorney is often the last resort.

Instead, think of a personal injury attorney as your advocate. They’re your champion, fighting to get you a fair resolution to your personal injury claim so that you are adequately compensated and can devote your full attention and energy toward your recovery efforts. Warren Allen LLP has a team of experienced Portland personal injury attorneys who will fight for your rights, both inside and outside the courtroom.

Here’s an overview of what you can expect when you retain the services of a personal injury attorney:

What Does a Personal Injury Attorney Do?

Personal injury attorneys work on your behalf to secure appropriate compensation following a physical injury to you or a loved one, or following the death of a loved one. Most personal injury attorneys work on a contingency basis, meaning they only take a portion of the final compensation amount awarded as opposed to an upfront fee. Since your attorney doesn’t get paid until a settlement amount is agreed upon or you are awarded damages, it is in your attorney’s best interest to fight for you to get the maximum amount possible.

If there’s a dispute as to who is responsible for the injury, a personal injury attorney will collect the necessary records and documentation to establish who is at fault. Even if the other party admits liability, many insurance companies will attempt to pay the bare minimum possible. Having a skilled personal injury attorney by your side will increase your chances of securing an equitable outcome.

What Happens Once I Hire a Personal Injury Attorney?

The first thing a personal injury attorney will do is collect supporting documentation for your case. If you have photos of the scene where the injury occurred, notes about what happened, eyewitness account information, medical records, or anything else that pertains to your case, you should give them to your attorney.

As you recover from your injury, keep a detailed account of any symptoms you experience as well as all of your medical visits. Write down any treatments you are prescribed or recommendations you receive from a medical provider. The more records and details you can provide your attorney, the better.

Your attorney will then get to work on your case. Typically, that begins with serving notice of your intent to file a personal injury claim with the responsible party. Your personal injury attorney will then begin settlement talks and work to secure a settlement that is fair and acceptable to you.

In some instances, settlement talks may be a fairly lengthy process. On average, negotiating a settlement takes about two years. But the length of time can vary considerably based on a number of factors, such as the extent of your injuries. A personal injury attorney often waits until the scope of your injuries, and the necessary medical treatment, are fully understood so that the most favorable settlement can be reached. Of course, this can increase the duration of your personal injury claim.

You may find it difficult to pay for your medical treatment while your personal injury claim is pending. If, for instance, you’re uninsured or your personal injury protection insurance doesn’t cover all your necessary expenses, your personal injury attorney can advise you on your available options. When you retain us, we are by your side throughout the claim process so that you don’t have to navigate these situations on your own.

What Happens If I’m Unable to Settle?

While most cases settle out of court, occasionally a personal injury attorney will need to take legal action. If we are unable to reach a settlement that is agreeable to you, the next step would be to proceed with filing a lawsuit. Once a complaint is filed with the court, there is typically a pretrial discovery process during which both sides collect information and evidence from the other.

While the case is working its way through the courts, there may still be an opportunity to reach an agreement. Both parties may agree to mediation, for instance. If so, a third party would attempt to work out an equitable arrangement for both sides.

However, if the mediation is unsuccessful, the case would proceed to trial. In the event your case does go to trial, Warren Allen’s experienced team of litigators will devote significant time, energy, and effort to ensure the best possible outcome.

That being said, the vast majority of personal injury cases settle out of court. If you’ve been injured and believe someone else is at fault, you should consult a personal injury attorney regarding your available options.

If you’re looking for a Portland personal injury attorney, Warren Allen may be able to help. We provide top-quality legal services in the Portland and Southwest Washington areas, as well as across both Washington State and Oregon. Give us a call to schedule a consultation, and we will answer your questions to the best of our ability to give you an honest assessment of your case.

Since this can be a difficult situation to navigate alone, the best decision you can make is to partner with an experienced attorney who knows the ins and outs of personal injury legalities. Getting the compensation you deserve can be a long, arduous process but we’ll be by your side the entire way and see your case through to the very end.

Leave it to the expert team at Warren Allen LLP to ensure you get the medical treatments you require, as well as adequate compensation to cover them!