 |
 |
 |
 |
 |
 |
 |
 |
The J.Gonzalez Law FirmFrequently Asked Questions
Immediate Actions to Take after an AccidentWhen you’ve suffered a serious injury and it was someone else’s fault, you may be at a loss regarding what to do next. You can all too easily mishandle an insurance adjuster or fail to take action and miss the statute of limitation on filing a personal injury claim. In either case, an already damaging situation becomes worse because you may unknowingly close the door on the opportunity for compensation. These questions and answers may provide useful information and guidelines until you can actually arrange a consultation to seek legal advice. Of course, in order for the J. Gonzalez Law Firm to offer actual legal advice, you would need to speak with us directly so we can fully grasp your situation. What is the first thing I should do after an accident?If you are injured, you should first get medical attention immediately. Then you should call a personal injury lawyer right away to discuss your accident and injury. In the event I can’t reach a lawyer immediately, are there actions I should take in the meantime?You need to preserve evidence, which involves creating medical records. When you receive professional medical attention, the physician will create medical records essential for your case. No matter what kind of accident you experience, it’s important to seek medical attention soon afterward, even if you only feel shaken up and don’t think you’re injured. You may not realize you’ve sustained an injury until the next day when the shock of the accident has worn off. Seeing a doctor establishes a preliminary diagnosis. If you later need treatment, a preliminary diagnosis makes treatment easier to cover. By following the doctor’s instructions exactly, you will help your case. If you disregard the doctor’s advice, it makes the task of proving your claim more difficult. What if I'm not sure if the accident was my fault or someone else’s?Even when you’re not sure whether you or someone else was at fault for an accident, it’s important to follow all necessary measures as though the other party were at fault. Immediately creating medical records lays the groundwork for your case. We can’t stress enough the importance of contacting an attorney right away and also not waiting to see a doctor regarding your injuries, especially if you have been seriously injured. When you haven’t sought medical attention, a lawyer will have a difficult time proving your case. What if I don't have insurance or money to see a doctor?Even if you can’t afford medical attention, if you have suffered a serious injury, you should still seek medical attention as soon as possible. When you see a doctor, who will then create a medical record, your injury now officially exists. Only through professional medical attention can the extent and existence of your injury be established as evidence in a personal injury case. Are there any guidelines to follow when seeing my doctor?Always tell the truth when you see a doctor. Lying about symptoms and then making a personal injury claim is fraud. This doesn’t mean you shouldn’t be specific about explaining in detail the symptoms you do have. You should provide the doctor with all of your specific complaints. Making a list of all your complaints ahead of time is a wise idea to make sure you cover everything during your examination. In considering your symptoms, don’t discount any of them as unimportant and tell the doctor about any sensation that is out of the ordinary. A light headache or dizziness may be evidence of a concussion or hyperventilation. Tingling sensations in your fingers or legs may indicate damage to your vertebrae. You want to make sure the doctor knows about symptoms when you first experience them, so they aren’t attributed to some other cause later down the line. An insurance company will jump at the chance to throw doubt on the cause of your injury and present other activities that may have resulted in injury, as opposed to the accident. What should I do if I slip and fall in a store?If you slip, fall, and are injured in a store, you should speak with a manager or the supervisor on duty. It is important for the manager or supervisor to make a report of your accident, referred to as an “incident report”. If the manager makes a comment to the effect that a similar accident has occurred before or that he or she was aware of the hazardous condition before your fall, remember what was said. As soon as you leave the store, write down the person’s name and the comments, exactly as they were said. Also if anyone else was around and heard the statement, make a note of his or her name as well. What records are needed for my case and what do I need to do to create them?For the most part, to create records you need to report your injury to the proper professionals. When injured on the job, you must report your injury to your supervisor or the Human Resources area of your company. They will make a record for workers compensation purposes. At the scene of an accident, when you call the police to report your injury, the police will make a record of the accident detailing what occurred and the injury you sustained. If you went to the emergency room of a hospital, your injury information will be on record with the hospital. When you visit your doctor, a complete record is kept for every visit. If you experienced food poisoning, informing the store or restaurant managers as well as the county or city health department will create a record of the food poisoning incident. With records available, your attorney will then be able to obtain copies to show evidence of your injury and establish, as well as verify the extent of your injury and when it occurred. Are there any other records that I am responsible to keep regarding my accident or injury?After each visit to a doctor, physical therapist or medical facility, make sure you ask for a copy of the bill. Also save all your prescription receipts. It’s wise to make a chart of all your visits, medical bills, prescription receipts and indicate how they were paid. Ensure you send your personal injury attorney copies of all your bills and receipts. Even if an insurance carrier is keeping records, make sure you also have your own record as a safeguard against discrepancies or mistakes. Create a calendar and indicate the days you were unable to work and the days you spent at the doctor or physical therapist. Specific records containing all the details of the harm you suffered as a result of the injury are useful in representing your case. Do I need a police report before I see an attorney?It often takes up to 15 days to receive a police report, which is too long to wait before seeing an attorney. There are actions you need to take and legal advice you should follow during the first 15 days following your accident that are essential to your case. Contact a personal injury lawyer as soon as possible and don’t wait to receive reports. Is it important to preserve evidence from the scene of the accident?It is absolutely important that you do everything possible to preserve evidence. The wreckage from a car accident may be essential in proving your case. Even if you have to buy the wreckage to recover it, do so, because the wreckage will be vital in proving the car was defective. For example, in SUV rollover cases, door latches are often defective and not strong enough to stay shut during an accident. Consequently, passengers may be ejected from the vehicle. Another example is an SUV rollover where the car roof collapses. Evidence of the damaged roof can be used to show the roof wouldn’t withstand a rollover, and examination by experts may prove it was because of faulty design. The wreckage is necessary evidence in building a case against automobile manufacturers. Major manufacturing companies employ investigators to read newspapers and track down accidents. If they discover an accident involving their brand of vehicle, whenever possible companies buy the wreckage to make it unavailable for plaintiffs pursuing claims. If you suffered an injury from a defective vehicle, keep the wreckage secured in a safe place, along with the instruction manual, and any other information about the vehicle that you received during purchase. If the accident took place in a rental car or someone else’s vehicle, what can I do to preserve evidence?Let the owner, rental agency, tow operators, wrecking yards, police impounds or any other facility who has the car know that they must make every effort to preserve the wreckage. Tell them that failure to do so will result in a lawsuit for permitting evidence to be destroyed. What evidence is important to keep if injury resulted from a household product?Secure the product and all packaging, instructions, labels, inserts, manuals, warranties and any other written materials that came with the product. After photographing the location where the injury occurred, store the product and all written materials regarding it in a safe place. If possible, you should purchase from the same retailer another product identical to the one that caused the injury. When manufacturers discover a product is defective, they discontinue the product and release newer, improved versions or models that correct the defect as soon as possible. The reason for the second purchase is to preserve evidence of a defective product. Should I take pictures of the vehicle and crash site?Even if the police have already taken pictures, you also need to take pictures of the crash site and the vehicles involved in the accident. A 35 mm camera is best, but even a cell phone camera or disposable camera will do, if that is all you have available. It’s always better to err on the side of too many photos than too few when photographing an accident scene. A safe guideline would be to take 3 times as many photos as you think are necessary. Take photographs as soon as possible after the accident because tire imprints and skid marks only last 24 to 48 hours after an accident. A tire imprint, called an “impending skid mark” is the impression left on the road when the car brakes before it actually starts skidding. By examining the impending skid and skid marks, an expert can accurately determine the speed of the car before braking. If possible, lay a yardstick or ruler next to the marks, and it will help an analyst to calculate distances when viewing the photograph. Another photography technique that helps analysts judge distances is called the parallax approach, which creates several angles of the same object. To use this approach you plant your feet in a fixed position, and then lean as far to the left as possible and shoot the picture. Next, lean as far right as possible without moving your feet and shoot the picture. The two angles provide a perspective that can be used to judge distances. Are there any tips on how to photograph the car and accident scene?Make sure someone is with you to watch out for traffic when you are photographing the accident scene. Don’t alter anything at the scene and keep people out of the photograph. Take photographs from a distance as well as up close. Also take them from every point on the compass – N, NE, E, SE, S, SW, W, and NW. Include close ups of the car exterior that show damage, such as points of impact, paint transfer marks, crushed car parts, ripple marks, and so on. Also photograph car interior damage, such as indentations and points of impact with the windshield, etc. Include debris from the crash in your photographs, up close as well as from a distance, and make sure you take the pictures so you can easily identify where in the crash site the debris was located. Make a note of the date and time you take the pictures in addition to the date and time you are securing the photographs by storing them in a safe place. Should I take pictures of the injuries?Whoever is injured, whether you or someone else, should have photographs taken that show the initial injury and the progress of treatment over time as healing of scars, bruises, burns and other aspect of the injury takes place. It’s best to leave other people out of the photos and only have photos of the injured person. If a burn victim you may videotape multiple washing of burns to reveal the degree of suffering the victim experienced. What if an insurance adjuster calls me?Statements made to an insurance adjuster should always be done in the presence of your attorney. If an insurance adjuster calls you, tell him or her you need to arrange an appointment to discuss your claim when your attorney is present. Don’t answer any insurance adjuster questions or provide any information until you have spoken with your attorney and you have been advised on how to answer questions. How much do you charge for a personal injury case?At the J. Gonzalez Law Firm there are no legal fees until we settle or win your case at trial. |
|
Main Office: 301 N. Main, Suite 1 
McALLEN, TEXAS 78501 Telephone: 956-630-6700 Fax: 956-630-6777
Also located in: 1002 East Taylor Street, Brownsville, TX 78520 115 East VanBuren, Harlingen, TX 78550
meetings with attorneys by appointment only
 |
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] |
