If you’ve been hurt in an accident, it’s critical to start the process of filing a personal injury claim as soon as possible. The best way to strengthen your case is to be completely prepared. It’s not a good idea to rely on insurance companies to take care of this for you. Your best interests aren’t the same as theirs. Insurance companies will not hand over funds willingly. Before even discussing compensation, you can expect them to conduct a thorough investigation into the events that occurred. They will reduce the value of your claim if you have a history of related medical conditions.
To give yourself the best chance of regaining the life you had before your accident, you’ll need a solid strategy in place. Understanding that you have some control over certain aspects of your case will help you maximize the value of your personal injury claim. Read on to learn about seven tips from personal injuries attorney Josh Wood to help you get the most out of your claim.
1. Preservation of Evidence
If you are physically capable, you should document your injuries as soon as possible after the accident. Whether it’s a car accident, a broken handrail, a frayed rug, or a faulty product, take numerous photos of the accident scene. Make a note of the accident’s location, date, and time. Obtain the contact information of any accident witnesses. To report a car accident, call the police. Even if it seems obvious, never admit fault when asked. The court will use evidence to evaluate your personal injury claim. Keeping as much relevant evidence as possible is an excellent way to boost the value of your claim.
Keep track of witness statements, contact information, video evidence, photographs, police reports, receipts, and any other relevant documentation throughout the claim. Make both physical and digital copies of your documents to ensure that you always have proof if the originals are lost.
2. Seek Medical Attention and Follow All Prescribed Treatment Plans
Never refuse medical attention after an accident, especially a car accident, even if there are no visible signs of injury. The rush of adrenaline that follows an accident can frequently conceal injuries. It could take several hours to realize how seriously you’ve been hurt, if not a day or more. As a result, you should seek medical attention even if the injury appears minor. Do not “tough it out” or put off seeking treatment until the pain becomes unbearable.
If your doctor has suggested physical therapy to help you with your problems, make sure you go to each session. If your doctor has prescribed medication, make sure to follow through on it. Take your doctor’s advice if they suggest you see a therapist for PTSD.
Maintain complete and up-to-date records for all doctors, specialists, and therapists, including contact information and dates of service. You also need to save all prescription and over-the-counter medication receipts. Keep receipts for any special equipment, such as bandages, canes, or braces for future reimbursements.
3. Hire an Experienced Personal Injury Lawyer
Because you only have a certain amount of time in New Mexico to file a lawsuit for your injury, it is critical to hire an experienced personal injury lawyer as soon as possible after the occurrence of your injury. You have three years from the date of the accident to file a lawsuit in New Mexico. If you don’t file your case within this timeframe, you may lose your right to file it at all, so keeping track of the statute of limitations is critical to protecting your right to compensation for your injuries. You can read the full text of New Mexico’s statute of limitations here (Ch. 37, Art. 1, Sec. 37-1-8.)
If you fail to meet this deadline, the window will close, and you will no longer be able to bring your case. An experienced personal injury attorney will help you in your time of need by guiding you through the complexities of the legal system, advocating on your behalf, and dealing with insurance companies to ensure you receive the maximum compensation for your personal injury. Filing an injury claim entails several steps. When you hire a lawyer, they will help you gather evidence such as police and medical reports, witness statements, and expense sheets, all of which will help you prove your case and determine an agreeable settlement amount. All of this takes time, and it is essential to remember that settling or going to trial can take a few months to years.
4. Do Not Exaggerate Your Injuries
It is illegal to make yourself appear more injured than you are to receive more compensation. Instead, be honest about your injuries. Even if you must go to trial, this will help you keep your credibility throughout the process.
Do not try to conceal that you were involved in an accident before suffering injuries. Another accident may aggravate your injuries. If this applies to you, you can use it to increase your compensation. Hiding previous injuries can only harm your case.
5. Know How Much Your Damages Are Worth
There’s a chance you’re dealing with more than just a shattered wrist. You may be dealing with emotional issues such as stress, anxiety, PTSD, and more, in addition to physical injuries. Internal traumas, on the other hand, could be causing hidden damage.
When filing your claim, make sure to consider all your losses. In some cases, you may not even be aware of the extent of your injuries. It is beneficial to work with a reputable personal injuries attorney in this situation. They can look over your case and help you identify other types of damages you may not have considered before. These payments are frequently made in addition to the reimbursement for out-of-pocket expenses.
6. Don’t Make a Hasty Decision on Your Claim
While it may be tempting to take the money and run, making a hasty decision can leave you in the cold later. It can take months, if not years, to resolve a personal injury claim. Determining whether a specific injury necessitates surgery or extensive therapy can take a long time. You don’t want to give up your benefits; you want to make the most of them.
This is where your personal injury lawyer can help you figure out what you need to do to get the compensation you deserve. Your lawyer will help you build your case and communicate with the other side as you seek a fair settlement. If your case goes to trial, you’ll also have someone on your side who knows what to do.
7. Avoid Using Social Media Until Your Case Is Resolved
In this age of technology, everyone’s life has become an open book. Use social media only after your case has been resolved. The warning that “anything you say can and will be used against you in a court of law” includes what you say on social media.
Using social media to post photos of yourself at the beach, ballgame, or club will only hurt your case. The opposition will find them and use them to show that you are not as injured as you claim. Furthermore, never discuss your case or injury with anyone other than your personal injuries lawyer.
Wood Injury Law: Your Trusted Personal Injury Lawyer in New Mexico
If you have been in an accident in New Mexico and suffered a personal injury, having a reliable personal injury attorney in your corner can drastically improve your circumstances. Whether you have missed work due to your injury or you’ve acquired a stack of medical bills, an attorney can take the stress and frustration out of the claims process.
Wood Injury Law, with offices in Albuquerque, New Mexico, and Mesa, Arizona, is fully prepared to represent your personal injury case. We work on a contingency basis, which means we only get paid from the proceeds if you win your case. You can trust that we have the tools and know-how to launch a compelling case for your damages. Our law firm has a compassionate and knowledgeable personal injury lawyer who will personally get to know you and your case and be there for you from beginning to end. Call us at 505-605-2717 today to set up your free consultation or fill out our “contact us” form here.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Wood Injury Law
4801 Lang Avenue NE Suite 110
Albuquerque, NM 87109