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Injured in a California Accident?
Any person having been recently injured in an accident is likely to have a number of questions about their rights under California law. Do I have a case? What about my medical expenses? How am I going to get my car fixed? What about being off work, who is going to pay for that? More than one person is at fault, who do I collect from? How am I going to collect? I'm in pain, how do they value my suffering? Are they going to say that I am partially at fault? How does that effect the value of my claim? Do I need an attorney? This list of concerns and considerations will continue to grow as time passes.
At the outset, some preliminary phone advice from an attorney is always warranted regardless of the degree of injury. Here are some suggestions that will help to protect and preserve your injury claim:
- Seek immediate medical attention. Most injury cases require some type of immediate medical attention...if for no other reason than to create a complete record of the suffered injury. Do not procrastinate in obtaining necessary medical treatment! Documentation of your injuries is essential and delay could reduce the value of your claim. An attorney can assist in finding you the proper medical care.
- Make written notes and memorialize what happened and how it occurred...even before your first visit with an attorney. Your memory of the incident will fade with the passage of time.
- Steps must be taken from the very outset to protect against the loss, alteration or destruction of the essential proof of your claim. For example, in an automobile accident, repair work should not be initiated until the vehicle is photographed. Similarly, dog bite cases, unsafe product cases and other types of accidents may require special and immediate efforts to preserve your claim and establish liability.
- Your injuries are also vital evidence and it is advisable to photograph (and date) all areas which show signs of trauma, before the healing process begins and during the recovery phase.
- Do not discuss the incident with an insurance company investigator, adjustor or the other party. You are not required to make any statement to an insurance adjuster. Statements made following an accident often can be used against you. Adjusters are trained and experienced to investigate accidents and as employees of the insurance company they are paid to minimize your recovery. An attorney should be retained to maximize your recovery.
While there are many other considerations and tasks to be performed in the those first few days following an injury accident the best advise it to contact qualified legal counsel. If you need help asserting a claim, please contact our offices at 949-719-2669 or e-mail at rmonaco@monacolawoffice.com.
Actual resolution of legal issues depends upon many factors, including variations of facts and state laws. This article is not intended to provide legal advice. The reader should always consult with legal counsel regarding the specific facts of their case and the appropriate state law before taking actions on matters discussed in this article.
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