If You Have an Accident in Which Someone is Injured, You Should….

An Asian woman calls for help and urgently requests an insurance agent's immediate attention at the accident scene after cars crashed on the road.

Another vehicle suddenly slams into yours when you least expect it on your way home from work. You feel immediate pain, and at the emergency room, doctors diagnose you with several serious injuries. You need medical treatment and will likely be out of work for some time.

How will you cover your losses? Who’s at fault? What should you do?

Being in a car crash can be extremely upsetting. It can be even more alarming if you suffer injuries that disrupt your life in many ways. You should do several things after an accident where someone is injured. Learn about the next steps to take below and potential legal and medical issues to be aware of when you are hurt in an accident.

Have questions? Contact a car accident attorney in your area right away to learn your legal options. The attorney will review the case for free and decide if the matter is worth pursuing.

After A Car Accident With Injuries, Seek Medical Attention

If you have possible injuries from a crash, it is imperative to seek medical attention as soon as possible. Even if you feel okay after the accident and believe you might tough it out, some injuries may not show immediate symptoms, and delaying medical care can worsen your condition or affect your ability to recover fully.

Car accident injuries can vary in severity, ranging from minor bruises and scrapes to more severe conditions like broken bones, spinal injuries, or traumatic brain injuries. Sometimes, the adrenaline rush immediately after an accident can mask the pain or symptoms, leading you to believe you are okay. However, it is important to remember that not all injuries are immediately visible, and internal injuries can be life-threatening if left untreated.

By seeking medical attention promptly, you can ensure that healthcare professionals properly evaluate and treat any injuries you sustained. They can conduct a thorough examination, order diagnostic tests such as X-rays or CT scans, and provide appropriate medical care based on their findings. Prompt medical attention also allows for the timely documentation of your injuries, which can be important if you decide to pursue a personal injury claim or seek compensation for your medical expenses and damages.

Furthermore, obtaining medical records and documentation of your injuries will serve as evidence in case you need to prove the extent of your injuries to insurance companies or in a legal setting. This documentation will strengthen your claim and increase your chances of receiving fair compensation for your injuries, pain and suffering, and other damages resulting from the accident.

Remember, seeking medical attention after a car accident with injuries is not only essential for your health and well-being, but also for protecting your legal rights and interests. Your health should always be your top priority, and by taking immediate action and seeking appropriate medical care, you can ensure that any injuries are identified and treated early on, giving you the best chance of a full recovery. So, if you have been in a car accident with injuries, don’t delay – seek medical attention right away.

Always Retain A Car Accident Lawyer

If you are in an accident and suffer injuries, you should always retain a car accident attorney. It’s possible that insurance companies might blame you for an accident that you didn’t cause to avoid liability. If someone else suffers an injury, they will likely look for someone else – potentially you – to blame to cover their injuries and other losses.

You don’t want to be wrongfully blamed for something you didn’t do. Further, if you do not challenge wrongful blame, you can lose the compensation you deserve for your losses. Your car accident attorney will defend your rights and prove who caused the accident.

What Evidence Is Necessary To Prove Fault After An Accident?

After suffering injuries, you must show who caused your collision so that party can cover your damages. Proving fault in an accident means showing by a preponderance of the evidence that a certain party was negligent, and their negligence led to the injuries in question.

A tiny blue car stands before a judge, who holds a gavel in hand.

There are several potentially liable parties in a motor vehicle accident:

  • One of the drivers
  • More than one driver
  • The company that employs a driver who was working when they caused the accident
  • A vehicle or parts manufacturer whose negligence caused the accident when the vehicle or part failed or malfunctioned
  • A government entity whose negligence caused a road design or defect that led to the accident

In most auto accidents, whichever party caused the accident will be liable for the injured party’s damages. Your attorney can rely on several kinds of accident evidence to determine fault.

First, photographic and video evidence of the accident scene carries much weight. Clear, detailed pictures and videos can, for example, show damage to vehicles, vehicle position after the accident, road conditions, and any visible injuries. The images and video are tangible evidence of what happened and offer support for showing the accident and how it happened. Visual evidence can be critical to prove who is at fault for accident injuries.

Second, eyewitness statements are key evidence, if available. Most drivers will claim they didn’t cause the accident, and their passengers will likely support their story. Eyewitness accounts are usually objective and can be relied upon to determine liability. If there were witnesses to the crash, obtain their names and contact information so attorneys and the police can follow up.

Third, medical documentation is necessary to show the harm suffered. Complete medical records from healthcare providers, including prognosis, treatment plans, and diagnosis, will support any claim for damages. The evidence connects the injured person’s injuries to the accident, proving that someone should compensate them.

Fourth, police reports can be an important piece of the evidentiary puzzle to determine who was at fault for the accident. Ensure you get a copy of any police report at the accident scene and turn it over to your attorney.

The insurance company or jury will weigh each piece of evidence to determine who caused the crash and review it to determine the extent of the injured person’s damages. Multiple parties can share liability for the accident, which can complicate matters further, but also provide additional insurance coverage.

A car accident lawyer is an important ally from start to finish. Insurance companies and liable parties can try to take advantage of you at any point. You are already in a vulnerable state, with injuries and an uncertain future. You should not try to face off with insurers alone. Your attorney will take on this fight and prove liability for you.

Damages Available In A Car Accident Claim With Injuries

Driver feeling pain driver after a dangerous traffic accident of car.

After fault is decided in an accident case with injury, the at-fault party’s insurance policy will need to compensate the injured person for their damages. There are several types of damages available to the injured party after a car accident:

Economic damages

First, there are economic damages. These damages replace any money lost by the accident victim. There are several types of compensatory damages:

  • Medical costs: If the party has serious injuries, they can have extensive medical bills. They may be entitled to money for doctor and specialist visits, hospital stays, surgeries, physical therapy, ambulance fees, and medications. If hospital stays and surgeries are needed, medical bills can total hundreds of thousands of dollars for major injuries.
  • Lost earnings: Anyone with serious injuries will probably lose work time during the recovery. If the person has a short-term or long-term disability, they can be entitled to months or years of lost income.
  • Lost future income: Does the injury prevent the person from working for a year, ever, or in the same earning capacity as before? In these cases, they can receive compensation for lost ability to earn a living.
  • Other expenses: An injured person might have to hire childcare or household assistance, incur transportation expenses for specialized medical treatment, purchase medical equipment, and more. All of these expenses should be accounted for in their compensation.

There are also non-economic damages for the injured party. These are subjective damages that they can be entitled to, covering:

  • Pain and suffering: Serious accident injuries can cause pain and discomfort. They also may have discomfort from the treatments. For instance, burn injuries are very painful, and skin grafts can be excruciating.
  • Emotional and mental trauma: Injury pain, injuries themselves, and future physical limitations can be extremely traumatic for the injured. So, they may be compensated for their emotional and mental trauma related to physical injuries.

Establishing a fair settlement amount for an accident with injuries can be difficult. Anyone with significant injuries after an accident should have a car accident attorney review the case. Non-economic damages, in particular, can be difficult to pin down. Also, a non-attorney will likely not understand how to calculate lost future income and medical expenses. The injured person can vastly underestimate the money they are entitled to, so an attorney is a valuable resource.

There is no risk to having a car accident attorney review an accident claim with injuries. The attorney will review the matter at no cost. If it is clear that another party caused the accident and there are injuries, the attorney will probably take the case. However, they may not take the case if no injuries or fault can be determined. Either way, there is no charge for consulting an injury lawyer, so it’s worth doing.

Allow Your Car Accident Lawyer to Handle All Insurance Communications and Negotiations

A male insurance officer arrived to help inspect a customer's car that was involved in an accident, focusing on vehicle crash assessment and insurance claims.

When you’ve been in a car accident with injuries, dealing with insurance companies can often feel overwhelming. They may try to take advantage of your lack of knowledge and use tactics that can lead to a lower settlement offer or even a denial of your claim. That’s why your car accident lawyer should handle all insurance communications and negotiations.

Insurance companies have adjusters whose main goal is to minimize payouts. They may try to gather evidence to use against you, such as recorded statements or social media posts. Without proper guidance, you can unknowingly say or do something that may harm your case. But with an experienced car accident lawyer on your team, you can avoid falling into these traps.

Your lawyer will take over all communication with the insurance company on your behalf. They will protect your rights and ensure the insurance company acts in good faith. This includes handling paperwork, negotiating settlements, and advocating for your best interests.

Having a lawyer also gives you a stronger position during negotiations. They know and understand the legal process and will use their experience to fight for the maximum compensation you deserve. They will gather all necessary evidence, such as medical records, accident reports, and expert testimonies, to build a strong case in your favor.

Insurance companies may try to pressure you into accepting a far lower settlement offer than you deserve. They know that without legal representation, you may not fully understand the value of your case. But with a car accident lawyer on board, they won’t be able to push you around. Your lawyer will carefully review all settlement offers, calculate the true value of your claim, and negotiate for a fair outcome.

When you’ve been in a car accident with injuries, always have a car accident lawyer on your side to handle all insurance communications and negotiations. They will protect your rights, negotiate with insurance companies, and fight for the maximum compensation you deserve. Don’t let insurance companies take advantage of you – let a car accident lawyer be your advocate and guide you throughout the process.

Speak To A Car Accident Attorney Today

If you are involved in an accident in which you or someone you love is injured, there are many things you should do. One is to speak to a car accident lawyer if you think the crash resulted from another party’s negligence. An attorney can review your case at no charge and tell you if you have a valid claim for compensation.

As an injured party, you can seek compensation for lost earnings, pain and suffering, and medical bills if you can prove liability. Contact a personal injury attorney today for more information.


Car Accident
by Mickey Fine Law
Last updated on - Originally published on