One car accident can change everything. Now, you may be more pressed for time than ever before, between getting to doctor’s appointments, taking time to rest, and performing your normal daily routine as best you can. On top of this, you may need to juggle a legal claim, too, unless you seek assistance.

The experienced personal injury lawyers of Hauptman, O’Brien, Wolf & Lathrop recommend that you come to speak with us regarding your Council Bluffs car accident. Sooner is better than later, as there is limited time to resolve every lawsuit, so you need to get started on preparing, filing, and negotiating your claim soon.

The quicker you act now, the more time we have to maximize your compensation. Contact us by giving us a call or filling out the contact form here on our website to find out more. We will get back to you without delay, but please learn what steps you can take in the meantime, to safeguard your claim, from this short guide.

Step 1: Ensure Safety and Seek Medical Attention

Immediately following any collision, your safety and health are your top priorities. Here’s what you can do at the scene of your car accident:

  1. Stay calm, try to keep a clear head, and remain composed to manage the situation effectively
  2. Check yourself for any visible injuries
  3. Ensure that other drivers and passengers are also okay
  4. Call for medical help if anyone is injured
  5. Consider getting checked by a medical professional even if injuries seem minor, since some conditions may not be immediately apparent

Step 2: Gather Information at the Scene

Collecting detailed information on-site can significantly strengthen your claim later on. 

Make sure to:

  1. Exchange information with other drivers: Obtain their names, addresses, and phone numbers along with each party’s insurance company name and policy number
  2. Document the scene thoroughly: Take photographs of the accident location, vehicle damages, surrounding conditions, and any signage or traffic signals present in the area
  3. Speak to eyewitnesses: Ask for the names and contact information of bystanders; if possible, gather their accounts of what they saw during the accident

Step 3: Report the Accident

Reporting the accident is crucial for formal documentation and strengthening your potential claim. 

Here’s what to do:

  1. Call the police: Contact law enforcement to file a report, particularly if injuries or significant damage have been sustained; make sure to provide the officers with accurate details of the accident
  2. Ensure everything is documented: Keep track of any statements made by the police or other parties at the scene
  3. Obtain the police report: Once the officer has completed his or her investigation, get the report number; later, you can request a copy of the official report for your records

A personal injury lawyer can make this step easier for you. When you hire an attorney, the law firm can work on obtaining the police report and all other official records related to your accident.

Step 4: Notify Your Insurance Company

Promptly informing your insurance provider of a collision is important, especially since there may be limited time to file a claim with your own car insurance provider. At the same time, however, you need to be careful to avoid putting your case in jeopardy.

It’s better to let a lawyer – who knows how to combat the insurer’s tactics – talk to them on your behalf. Remember, the adjuster wants to minimize payout rather than match the losses you have suffered. 

When you must speak to the insurance company, provide only essential details such as the time, place, and parties involved. Stick to the facts of the incident without admitting fault or providing unnecessary details about injuries or damages. From there, leave the rest to your lawyer.

Step 5: Document Your Injuries and Expenses

Accurate documentation throughout your recovery is crucial.

Make sure to:

  • Hold on to all medical bills, receipts, and records related to treatments
  • Document any expenses incurred as a direct result of the accident, such as transportation to medical appointments
  • Track your recovery progress by keeping a journal detailing your recovery process, including physical and emotional impacts
  • Note any changes in your daily life or work capabilities due to injuries
  • Record any time off work due to the accident and how this loss has affected your financial situation
  • Gather written proof from your employer regarding missed days and lost income

Step 6: Negotiate With the Insurance Companies

Once your claim is filed, the insurance company will conduct a thorough investigation. They will eventually make you an offer.

Here’s where negotiation comes in. This phase may feel daunting, but being prepared can make a significant difference. Thus, having a lawyer on your side can make or break your case.

An experienced car accident attorney will not be shaken by the opposing party, their insurer, or their legal counsel. On the contrary, your lawyer will be ready to negotiate a fair settlement on your behalf.

Your lawyer will have your maximum compensation in mind as a goal to achieve, because he or she will know how much your claim is truly worth. Offers from the insurance company won’t make your attorney feel rushed or pressured.

After taking time to carefully review each offer and discussing it with you, your lawyer can then make a counteroffer on your behalf. If this process continues for some time and the insurer refuses to budge, then your attorney may advise filing a lawsuit. 

When you have been hurt and need to get enough money to pay for your losses, you can make the legal process more tolerable for yourself by seeking assistance. So get help! Personal injury lawyers have the confidence and skills to relentlessly pursue a fair settlement for you.

Why You Should Seriously Consider Hiring an Attorney

Though some individuals turn out to be successful in tying up their own legal cases, hiring a lawyer is the ideal course of action. Statistics show that even claimants in small claims court who work with or consult attorneys have a higher percentage of wins.

Clearly, there are no claims too small for legal advice from an attorney. There are a few reasons for this, but let’s discuss just two confusing factors that can add to a car accident victim’s stress: deadlines and comparative fault.

First off, the statute of limitations is a deadline by which time you must have already filed your case. In Iowa, the general timeframe for filing a personal injury claim is 2 years from the date of the accident. Failing to file within this period may lead to losing your right to seek compensation entirely.

Second, someone must understand local fault laws and how to put these to work for the case at hand, or else all may be lost. In Iowa, the rule of modified comparative negligence is followed, meaning that your compensation could be reduced by the amount of fault that you share for what happened. If you are 51 percent or more to blame, then you are barred from recovering damages entirely.

With the statute of limitations and the rule of comparative negligence on deck, you can see just how intricate legal cases can be – even seemingly straightforward car accidents. To ensure your case is given the best chance of success, talk to experienced lawyers who want to protect your rights. 

You Can Get Legal Support Without Risk or Paying Out-of-Pocket

Experiencing a car accident can feel overwhelming and traumatic, leading to various challenges such as physical injuries, emotional distress, and financial strains. If you find yourself in this situation in Council Bluffs, Iowa, turn to lawyers who work on a contingency fee basis, meaning the law firm is only paid when your case is successful.

While many individuals handle claims independently, engaging a personal injury attorney can provide essential support. An experienced Council Bluffs car accident attorney knows how to assess your claim’s value, gather required evidence, negotiate with insurance companies, navigate the complexities of local comparative fault law, and represent you in court if necessary – all before time runs out.

Come to us when you need support. The legal team at Hauptman, O’Brien, Wolf & Lathrop offers free consultations to everyone, and we can let you know whether we can take on your case or if you may have other options. Call our Council Bluffs, IA, office at (712) 201-7915 now.

by Hauptman, O’Brien, Wolf & Lathrop
Published on

Posted in: Car Accidents