If you've been injured in a car accident, it’s important to know what to do afterward to protect yourself and your rights. Acting quickly can protect your health and ensure you’re prepared to manage any compensation claims.
Keep reading to learn about what to do after you've been injured in an auto accident.
If you’ve just been injured in a car accident, the moments that follow can feel overwhelming. In these critical moments, it’s important to know the right steps to take to protect yourself and your health.
Here’s what you should do after a car accident:
After an accident, it’s normal to feel scared. Start by taking a few deep breaths and focus on staying calm so you can make the right decisions. Then, check yourself and others for injuries. While it might feel counterintuitive, stay in your car unless it is flooding or on fire. Your car is the safest place you can be on an accident scene due to flying debris and passing traffic. If you are absolutely sure that no traffic is coming, and you are able to do so without worsening any injuries, move to a safe location.
Even if you have no visible injuries or think any injuries are minor, always call 911. Emergency responders can provide immediate medical care and make sure the scene is safe. Police officers can also assist by filing an official accident report, which will be necessary later in the claims process.
Your health should be your top priority after an accident. Even if you feel fine, it’s important to be examined by a medical professional. Some injuries, like internal bleeding, may not be obvious immediately.
A thorough medical exam can help you identify these hidden injuries early and make it easier for you to receive timely treatment. Also, having a documented medical record of your injuries will serve as important evidence when filing your claim.
Stay at the accident scene until the police arrive so that you can give your full statement. If you leave too early, it can result in serious legal consequences, including hit-and-run allegations. The only exception is if you are seriously injured and need emergency medical care. In that case, paramedics will transport you to the hospital, and the police can follow up with you later to take your statement.
If you’re able to move around on your own, take photos and videos of the accident scene. You can take photos of the damage done to the vehicle and any visible injuries. If you’re not able to do this yourself, ask someone nearby for help.
After emergency responders arrive, you’ll need to exchange information with the other drivers. Get their name, driver’s license number, and insurance details. If the accident involves a truck, also document the trucking company’s name and contact information.
To protect your rights, reach out to an experienced car accident lawyer before speaking with insurance companies. An attorney can guide you on what to say and help protect you from mistakes that could hurt your case. Also, having legal support early on means you don’t have to deal with the challenges of the accident by yourself.
Even at low speeds, the impact of a vehicle collision can put unexpected strain on the body. Knowing the most common injuries can help you recognize symptoms early and receive the right medical care. Below, you can learn more about common car accident injuries:
Soft tissue injuries involve damage to the muscles, tendons, or ligaments, and any other non-bony part of the body. This includes things like cuts, bruises, and road rash, as well as sprains and strains. They may not always show up on X-rays, but they can cause significant pain and swelling.
The legs and knees are often vulnerable in collisions, especially if the front of the vehicle is crushed. These injuries may include fractures, torn ligaments, or bruising. Depending on the severity of the injury, you may need surgery or physical therapy to recover.
Whiplash is one of the most common neck injuries after a car accident. It happens when the head is suddenly jerked back and forth, causing strain to the muscles and ligaments. Some symptoms you may experience if you have this injury include stiffness, pain, dizziness, or headaches.
However, these symptoms may not appear right away because adrenaline and shock can prevent you from feeling any discomfort. In many cases, these signs appear within hours or even days after the accident.
In rear-end or high-impact car crashes, it’s very easy to injure your spine. You may suffer from herniated discs, fractured vertebrae, or muscle strain. Spinal cord injuries, in particular, are some of the most serious injuries car accident victims face. The pain from back injuries can also cause long-lasting discomfort and may limit your ability to move if not treated quickly.
Internal injuries happen when organs inside the body are damaged by the force of impact during a car accident. This can happen from a seatbelt pressing hard against the body, hitting the steering wheel, or the sudden release of an airbag. These injuries are particularly dangerous because the symptoms might not show up right away.
Scarring and facial injuries are usually caused by the body making impact with the airbag, side window, or broken glass. If these injuries cause a disfigurement, you may require surgical correction or end up with a lasting scar.
After being injured in an auto accident, you may be left with hospital bills, car repairs, and other unexpected costs. If your accident was caused by someone else, they may owe you up to full compensation for all of the losses you’ve suffered. Here’s a step-by-step guide on what the compensation claims process requires:
Before speaking with any insurance company, it’s important that you reach out to an injury lawyer who has experience handling car accident cases. They can protect your rights and help you avoid mistakes that could weaken your claim.
When you experience a car crash caused by someone else, you typically file a claim with the insurance company of the at-fault driver. Your lawyer can guide you on how to file your claims and pursue whatever compensation you may be owed.
If your claim was denied or undervalued, your attorney will help you through the process of filing an appeal to the insurance company. This appeal gives you a chance to present additional evidence that supports your claim.
If your appeal fails, you may send a demand letter to notify the insurer of your intent to take legal action. The demand letter contains a detailed record of the accident and all the steps you’ve taken. This may be enough to prompt the other party to negotiate on a payout.
If your demand letter is ignored or denied, the next step is filing a lawsuit. You generally have only two years from the date of the accident to file a lawsuit. Your personal injury attorney will help you build your case and make sure it’s filed correctly.
After filing a lawsuit, your attorney may negotiate with the legal representation of the insurance company or the at-fault party. Both parties provide offers and counter-offers to reach a fair settlement.
If a fair settlement can’t be reached during the negotiation stage, your case may go to court. Court trials can take anywhere from several months to a few years. Working with an experienced attorney can improve your chances of success.
If you or a loved one has been injured in an auto accident caused by someone else, the law gives you the right to recover the losses you’ve faced. These damages can cover both the financial costs and the personal impact of the accident. Here are the damages you can seek compensation for:
Economic damages cover the financial losses you suffered because of a car accident. Since these losses are tied to bills and receipts, they’re usually the easiest to calculate and prove. Some examples of these damages include:
Non-economic damages are usually harder to calculate because they don't come with exact prices. These damages cover the losses that you can’t place a value on. Examples of these damages include:
Punitive damages aren’t commonly available in Louisiana car accident cases. They’re awarded to punish the at-fault party for reckless behaviour–for example, in cases where the driver drove under the influence of drugs or acted with extreme recklessness.
Accidents involve much more than just filing a claim. Fault has to be determined, deadlines must be met, and insurance companies usually try very hard to avoid paying for claims. These challenges can make the whole process feel overwhelming.
That's why it’s in your best interests to work with a personal injury car accident lawyer. Here's what a lawyer can do for you:
If you’ve been injured in a car accident, you don’t have to handle it alone. A lawyer can manage the legal process while you focus on your recovery.
At the Cardone Law Firm, our experienced New Orleans personal injury lawyer can help determine the party at fault, negotiate settlements, and fight for your rights to justice and compensation.
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