Were you injured in a car accident case that was not your fault? If so, you have the right to file a claim for damages. You can seek compensation for economic and non-economic damages (like pain and suffering, emotional distress, etc.). But in order to win a car accident case, you need a good strategy.
More importantly, you need an expert Tampa car accident lawyer who has a winning track record. Theyโll know the ins and outs of best practices and how to win your car accident case. Not just win, but get you the fair and full amount you deserve.
Here are some tips from experienced lawyers on how to win your Tampa accident case.
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ToggleCall the Police Right Away
If youโre reading this article, youโve probably been in a car accident already. The great news for you is that it’s not too late to file a police report, or an official accident report. You can even do it online.
Just because you didnโt call the police at the scene of the accident, it doesnโt mean your case is a lost cause. That said, you do want to call them as soon as you can after the accident, even better if you call them at the scene.
The police will come to the accident scene and file the report there, rather than having to do it later. They include all accident details such as
- If any parties received a traffic violation citation
- Crash details
- The officerโs statement about the accident (usually their subjective opinion)
Youโll need this report as evidence for your case so make sure to call the police to the scene, or file a report yourself. You can obtain a police report online here.
Make Sure to Get Medical Attention As Soon as You Can
The best practice for medical care regarding car accident injuries is getting it ASAP. While you donโt need to take an ambulance to the hospital, you do need to make sure you donโt have any serious injuries that could worsen without medical intervention.
Something important to understand is that a chaotic and unexpected event like a car accident invokes adrenaline and shock. That state of shock can โmaskโ your pain, and you may not know how badly youโre injured until that adrenaline wears off.
You could also have an injury that doesnโt seem extreme at first, but worsens over time. You can prevent problems in your case arising later by getting a medical examination right away. Even if you think you only have a minor injury, itโs best to get a medical professional assess your injuries to give you a correct diagnosis.
If you wait too long to get medical attention, this could harm your case. Medical records that reflect a temporal connection to the accident will make your evidence more credible. This could look like an instance where the insurance company counters your claim by arguing that your injuries arenโt related to the accident because the medical record timestamp is disconnected to the accident date.
To build a strong case and maximize your odds of winning, do not delay medical care. And be sure to keep a record of all medical documentation related to the accident.
See Related: Getting Medical Attention After an Auto Accident Injury in Tampa
Speak to Your Attorney Before any Communications with Insurance Companies
Most insurance companies require policyholders to report accidents immediately. While you need to notify them immediately, this doesnโt mean you need to speak with them right away. Or at least until after speaking to a knowledgeable Tampa car accident lawyer.
Insurance companies arenโt really on your side. While they may insure you with a policy, after an accident, their main objective is to preserve their assets. What does that mean for you? you โll be dealing with insurance adjusters.
Insurance adjusters are company representatives who get assigned to evaluate your case. Their job is to investigate the case and come up with an offer or deny your claim. They may come off as friendly, but what they really want is to find information to discredit you or lessen your claim value. If you speak to them right after the accident, youโll still be in a state of alarm or shock. This could lead to accidentally saying things you wouldnโt normally say or oversharing. You might also not know the full extent of your injuries yet.
Tips for Dealing with Insurance Adjusters
- Never admit fault or say anything that might insinuate guilty feelings (donโt apologize or say you feel bad for what happened)
- Stick to the facts
- Donโt sign anything – you have no legal obligation
- Donโt give a recorded statement
Key takeaway: report the accident to your insurance company immediately, but talk to a lawyer before any communications with insurance. You donโt have any legal obligation to notify the other partyโs insurance company, so donโt. They will do more to find evidence that works against your case. Let your attorney handle communications with the other partyโs insurance for you.
Find a Good Lawyer with a Proven Track Record
This might be the single most important step in working strategically to win your case. The legal quality of representation you hire can make or break your case. If you want a great outcome, you need a great lawyer.
Insurance companies also regard lawyers with more prestige and respect, since they know the process. They will treat an attorney differently than they will treat you. Having a good lawyer will make your life easier by giving you time to focus on recovering and remove the stress of talking to insurance companies.
Once you find a good lawyer, they will handle communications on your behalf. Then, they will act as a liaison and keep you informed, explain your options, investigate your case, and give smart legal advice. Lawyers who really care about their clients will fight relentlessly to win a desirable settlement.
Bottom line: hire an expert attorney who can handle the legal process for you so you have less stress and a better chance at winning your case.
The Initial Settlement Offer Is Usually Too Low. Donโt Accept it Right Off the Bat
Insurance companies want to keep their money. That means they have an inherent incentive to pay you the least amount possible. They use tactics like knowingly offering an initial settlement that is too low. Donโt accept it. Theyโll make a quick offer on purpose so they can try to pull at your emotional strings rather than giving you time to explore options and build a strong case.
Be patient and donโt rush or get jaded by the โinstant gratificationโ they offer you. While a quick payout seems like exactly what you need, why take it when a lawyer can get you a better offer?
If you want to really work strategically and win your case, know that it can be a timely process for your attorney to negotiate a fair settlement.
If the insurance company refuses to offer a fair amount, your attorney may suggest taking your case to court. In this case, you could potentially win much more in damage compensation than from an insurance settlement.
Try to Limit Social Media Posts While your Case is Pending
This one can be hard for some to stick to, but itโs a very important one. The other party and their lawyers can easily see whatever you post on social media. They will then use whatever you post or share and manipulate it to work for their defense strategy.
They will actively look for anything you share that suggests your injuries arenโt as bad as you claim. Or they might even try to claim that your injury is an outright lie. If you claim that you have a serious injury but then go and post a picture of yourself on a camping trip, theyโll question the validity and extent of your injury claim.
Key takeaway: try to limit social media posts, or stop using them for the duration of your legal claims process.
A Last Note: There is a Deadline for Filing a Car Accident Claim
In Tampa, there is a โstatute of limitationsโ that gives you a limited amount of time to file and resolve your claim. Hence, donโt wait to hire an attorney, or at least schedule consultation. Most personal injury lawyers offer a free initial consultation.
Contact a Skilled Tampa Personal Injury Lawyer Today if you Want to Win Your Car Accident Case
If you want to win your Tampa car accident case, you need to take it seriously and follow the necessary steps. Hiring a skilled lawyer can be the best thing you do to strengthen your odds of winning.
Call us today for a free initial consultation.