Most people understand that a car accident lawyer’s primary role is to secure a fair settlement for their client’s injuries and losses. At Horn Law, we certainly fight aggressively for maximum compensation. However, the critical period immediately following a car, truck, or motorcycle accident demands a rapid and comprehensive response. This initial phase is often where a case is truly won or lost. Our experienced legal team understands this urgency and takes immediate action to protect your rights and lay the foundation for a successful outcome.
Why Immediate Action is Crucial
The moments after a car accident are chaotic and stressful. Evidence can disappear, witnesses’ memories fade, and insurance companies begin building their defense. A proactive approach from your legal team is essential to:
- Preserving Your Rights: Ensuring you don’t unknowingly make statements or take actions that could harm your case.
- Securing the important evidence: Gathering crucial evidence that establishes fault and the extent of your damages.
- Maximizing Your Recovery: Positioning your case for the best possible financial outcome.
- Minimizing Stress: Allowing you to focus on your physical and emotional recovery while we handle the legal complexities.
Here are 5 Immediate Actions Horn Law Takes After You’re Injured in a Car Accident:
1. Establishing the Insurance Claims & Identifying ALL Coverage
Car accident claims frequently involve multiple types of insurance coverage, and identifying them all is paramount. It is important that identification of all insurance coverages be made at the outset of collision cases in order that appropriate insurance representatives can be assigned.
- Liability Insurance: We promptly identify and notify the at-fault driver’s insurance company to establish liability and begin the claims process.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: We immediately investigate whether your own UM/UIM coverage may apply. This is crucial if the at-fault driver is uninsured or lacks sufficient coverage to fully compensate you.
- Medical Payments (MedPay) or Personal Injury Protection (PIP): If applicable, we will file a claim under your MedPay or PIP coverage to help cover immediate medical expenses regardless of fault. PIP, in particular, often covers lost wages as well. (Note: Add a sentence here mentioning whether Missouri and/or Kansas are PIP/no-fault states or not.)
- Health Insurance: We will coordinate with your health insurance provider to ensure proper billing and coverage, while also working to protect any potential subrogation rights.
- Other Potential Coverage: We leave no stone unturned. We will explore whether any other policies may apply, such as umbrella policies or coverage through an employer.
2. Performing a Comprehensive Accident Investigation
A thorough investigation is the cornerstone of a successful car accident claim. We act swiftly to gather and preserve vital evidence, including:
- Obtaining Police Reports: We immediately request the official police report, which often contains crucial details about the accident, including the officer’s assessment of fault.
- Securing Witness Statements: We locate and interview witnesses as quickly as possible to obtain their independent accounts of the accident before memories fade.
- Preserving Physical Evidence: This can include photographing the accident scene, vehicles, and your injuries; obtaining surveillance footage from nearby businesses; and securing data from vehicle “black boxes” (event data recorders).
- Analyzing 911 Calls: If available, 911 recordings can provide a real-time account of the accident and its immediate aftermath.
- Handling the Property Damage Claim: After establishing liability, our law firm makes sure the insurance company for the driver at fault is following through on their obligations to take care of car repair or total loss claims. Although property damage claims are separate and apart from the injury claim, as part of our legal representation we act quickly to facilitate the resolution of property damage claim so that our client’s vehicle loss can be resolved in short order.
3. Obtaining a Proper Medical Evaluation and Treatment
Your health is our top priority. We work to ensure you receive prompt and appropriate medical care:
- Connecting You with Specialists: If you don’t have a doctor, or need a referral to a specialist, we can help connect you with qualified medical professionals experienced in treating car accident injuries.
- Documenting Your Injuries: We ensure your medical records accurately reflect the full extent of your injuries, treatment, and prognosis. This is crucial for building a strong damages claim.
- Developing a Treatment Plan: We work with your doctors to understand your treatment plan and future medical needs, which helps us accurately assess the long-term impact of your injuries.
4. Helping Insurance Companies Set Adequate Reserves
Insurance companies are required to set aside funds, known as “reserves,” to cover the anticipated cost of your claim. We work proactively to ensure these reserves are adequate:
- Providing Detailed Information: We promptly provide the insurance company with information about your injuries, treatment, and anticipated future needs.
- Demonstrating Case Value: We leverage our extensive experience to accurately value your claim and communicate this value to the insurance company, ensuring they set reserves that reflect the true extent of your damages.
- Advocating for Fair Reserves: If the initial reserves are insufficient, we aggressively advocate for adjustments based on the evidence and our expert assessment of your case.
5. Providing Guidance and Support
Beyond the legal and investigative aspects, we are here to provide compassionate support and guidance during this difficult time:
- Clear Communication: We keep you informed every step of the way, explaining complex legal issues in clear, understandable terms.
- Answering Your Questions: We are always available to address your concerns and answer any questions you may have.
- Managing Communication with Insurance Adjusters: We handle all communication with insurance companies, protecting you from potentially harmful tactics.
Injured in a Car Accident? Contact Horn Law Today.
Don’t navigate the complex aftermath of a car accident alone. Contact Horn Law for a free consultation. Let our experienced team put our knowledge and resources to work for you so that you can focus on your recovery.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and the outcome of your case will depend on its specific facts and circumstances. Please consult with an attorney to discuss your particular legal situation.
