Steps to Creating a Strong Car Accident Injury Claim
The steps to build a strong car accident injury claim are:
- Hire an attorney who has handled (and won) car accident claims
- Share any evidence you have gathered with your attorney
- Allow your attorney to handle all matters pertaining to the accident investigation
- Allow your attorney to communicate with other parties on your behalf
Step One: Hire a Car Accident Attorney
One of the best things you can do for yourself after a car accident is to hire an attorney with car accident experience because:
- They are more familiar with the law.
- They know how to accurately calculate car accident injury settlements so you ask for what you deserve.
- They can advise you on how to handle the case while doing all of the tough legal work for you.
- They were not involved in the accident and can offer professional, detached opinions.
Under Florida Statutes § 95.11, in general, plaintiffs only have four years to file their lawsuits. The sooner your hire an attorney, the sooner they can get to work protecting your right to compensation.
Step Two: Share Evidence with Your Lawyer
You may already own materials that could strengthen your car accident case. For example, you might:
- Have saved bills and receipts related to your medical care and other accident-related expenses
- Remember enough about the accident to provide convincing testimony about what really happened
- Have taken photos of the scene, your injuries, or the damage to the cars
- Have gotten contact information from the other driver or witnesses
- Possess tax information that establishes how much money you used to make before the accident affected your career
Not everyone thinks—or has a chance—to collect evidence after a car accident. That is okay and will not necessarily prevent you from recovering compensation. The real key is to be honest with your lawyer about your actions following the collision. They can handle the rest.
Step Three: Let Your Car Accident Lawyer Investigate
In addition to whatever evidence you can contribute, your Florida car accident attorney can launch their own independent investigation into the crash. This investigation differs from that conducted by the police or the insurance company because your lawyer specifically looks for evidence that will make your case stronger.
A car accident attorney may look for some or all of the following types of evidence:
- Accident scene photos or video footage
- The official police report
- Your medical records
- Witness testimony
- Expert testimony
- Statements from you and your family and friends
- Any materials collected by the insurance companies
There were 388,961 traffic accidents in Florida in 2022, according to Florida Highway Safety and Motor Vehicles (FLHSMV). Every accident case is unique, and everyone requires different tactics and forms of evidence to become a strong legal claim.
Step Four: Let Your Attorney Do the Talking
After an accident, the other driver may ask if you are all right, and the insurance company might try to offer you a fast settlement. You might be tempted to vent your feelings on social media or even to share your experiences with a local news reporter.
You should try to say as little as possible about the car accident, even if the other person seems sympathetic. Your own statements could undermine steps your lawyer takes to build a strong injury claim if:
- You apologize to the other driver, tell them the accident was your fault, or say that you were not injured too badly.
- You release detailed statements on social media or post pictures that seem to show you feeling fine.
- You give the insurance company permission to record your statement, which they can then pick apart and use to deny payment.
- You accept a lowball settlement offer from the insurer, which would bar you from receiving any more money based on this accident.
Instead, you can keep your case strong by giving your lawyer permission to talk to all other parties. They know how to:
- Respond to information requests and other communications from the other parties
- Help you figure out what to say if an insurer or another attorney asks to interview you about the accident
- Negotiate with and present evidence to insurance companies
Car accidents can be traumatizing, especially if they cause serious injuries. If you really feel the need to talk about the accident (e.g., talking is part of the healing process, or you remembered additional information), do so only with:
- Your attorney
- Your therapist
- A close and trusted friend or family member with no personal stake in the case (e.g., they were not driving the vehicle that hit you)
We Can Build Your Car Accident Injury Claim
The Law Offices of Wolf & Pravato has decades of experience with helping clients build strong claims and lawsuits. Dial (954) 633-8270 today to get started with a free evaluation from a member of our team. Contact us and we can walk you through all of the steps necessary to build a solid Florida car accident injury claim.