If you were in a car accident in Phoenix, Arizona, one of the most important things you can do is to effectively document what happened. Strong evidence can significantly increase your chances of winning your case against the other driver and getting the full compensation you deserve.
At Silkman Law Firm, we know how overwhelming it can feel to be in a serious car accident. That’s why our dedicated legal team wants to help. Contact us today for a free case review with an experienced personal injury attorney. We’ll treat you like family and make sure you get the legal help you need.
Alex Silkman and his team focus exclusively on helping victims of personal injury, and we are proud of our experience fighting for people involved in catastrophic accidents, including car accidents. Visit our Testimonials page to learn more about some of the people we’ve helped.
Immediate Steps After the Accident
Immediately after any car accident, there are a few key steps you must take:
- Make Sure Everyone Is Safe – First and foremost, you should check yourself and anyone else in the vehicle with you for injuries and make sure you are in a safe location out of the road. Next, you should check those in the other vehicle(s) involved in the accident for injury. If you or anyone else suffered injuries in the crash, call 911 and request both police and an ambulance for immediate medical treatment.
- Contact the Local Police – Even if nobody involved in the crash appears to have injuries requiring immediate medical care, you still need to contact the police and have an EMT check you over. The police are necessary because you’ll need a copy of their accident report when filing your claim against the other driver’s insurance company. The EMTs are necessary because some car accident injuries have delayed symptoms, and not receiving proper treatment early on can lead to complications.
- Swap Insurance Information – While waiting for the police to arrive, swap insurance information with the other driver. Arizona is an at-fault state, meaning you will file your claim for injuries in a car accident with the insurance company of the driver who caused the accident.
- Document the Accident Scene – Finally, you must document the accident scene. Documenting the scene involves taking photographs of the vehicles and all damage done to them, the road conditions, any visible skid marks, and any relevant traffic signs or signals. Your attorney will use this evidence to build your case and demonstrate that the other driver is responsible for your injuries.
Medical Documentation
Medical documentation is just as important as accident scene documentation because it proves the nature, severity, and cost of your injuries. It’s vital for your injury claim that you seek ongoing medical treatment and attend any follow-up appointments for the injuries you sustained in the accident. Examples of medical documentation include:
- Photographs of Your Injuries – It’s essential to photograph your injuries as early as possible and throughout your treatment. These photos will show the severity of your injuries and the impact your treatment is having on them, which can be crucial if the insurance company attempts to argue your treatment is unreasonable or unnecessary.
- Medical Records – Any time you undergo surgery, stay in the hospital, or receive treatment, you should request a copy of your medical records. These records will detail the treatments you received and additional notes about your injuries.
- Medical Bills – Keep all medical bills you receive for treatment. These bills will be necessary when calculating the damages for your car accident injury claim.
Keep a Personal Injury Journal
Some of the damages you can seek in a car accident injury claim are non-economic damages, including pain and suffering. To prove these damages, you can demonstrate your injury’s impact on your life by keeping a personal injury journal detailing:
- Pain Levels – Tracking your daily pain levels can be valuable for demonstrating the severity of the pain caused by your injuries.
- Emotional State – Tracking how you feel each day can be valuable for demonstrating that your injuries cause you emotional distress or suffering.
- Daily Activities – Tracking what daily activities your injuries prevent you from completing can be valuable for demonstrating the overall impact of your injuries on your daily life.
Record Expenses Related to Injuries
It’s essential that you keep a record of all expenses related to your injuries. These records will impact what injuries you can claim compensation for after the car crash and how much compensation you can seek. Some examples of injury-related expenses to track include:
- Medical Treatment Bills – Your medical bills will make up a significant portion of your total damages. Keeping records of all medical bills you receive related to your injuries is crucial so you can include them in your claim and not have to pay for them out-of-pocket.
- Prescription Medication Costs – It’s not only medical treatments that count toward your medical expenses. Prescription medications and medical devices related to your car accident injury also count.
- Lost Income – If you had to take time off from work while recovering from your injuries or your injuries prevent you from returning to work, you can seek compensation for your lost income or loss of future earning potential. Your pay stubs and other work documents are crucial pieces of evidence for proving that your injuries impacted your earning ability.
- Home or Vehicle Modification Costs – You may require home or vehicle modifications to accommodate serious injuries. These modifications may include ramps or lifts, and it’s important to keep track of the costs so you can seek reimbursement through your claim.
Communicate with Your Insurance Company
Although you will file your injury claim with the at-fault driver’s insurance company, you should still report the accident to your insurance provider. The primary reason for doing this is in case you need to file an underinsured or uninsured motorist claim:
- Underinsured Motorist Coverage – In some cases, the at-fault driver’s insurance policy limits will prevent you from recovering the total damages you’re seeking for your injuries. If this is the case, and you have underinsured motorist coverage, you can file a claim with your insurance provider to seek additional compensation.
- Uninsured Motorist Coverage – If the driver who caused your accident doesn’t have insurance, you’ll need to file an uninsured motorist claim with your insurance provider or a personal injury claim against the at-fault driver directly.
Consulting a Personal Injury Lawyer
Personal injury lawyers can provide various legal assistance throughout the car accident injury claim process. Some of the ways they can help are:
- Providing Legal Advice – Your car accident lawyer will provide legal advice to help protect your right to compensation, including by walking you through what not to say to the insurance company. Insurance providers are always looking for excuses to deny your claim and will attempt to use your statements against you.
- Investigating Your Case – Your attorney will investigate the cause of the accident and identify all parties liable for your injuries. In some cases, multiple parties may be liable.
- Gathering Evidence – Your attorney will gather crucial evidence supporting your claim, including witness statements, traffic camera footage of the accident, and expert testimony that can be difficult to collect on your own.
- Calculating Damages – Your attorney will calculate the extent of your damages so you can seek enough compensation to cover all of your costs associated with the injury.
- Filing Your Claim – Your attorney will file your personal injury claim within Arizona’s two-year statute of limitations, protecting your right to recover compensation for your injuries.
- Negotiating with Insurance Companies – Your attorney will negotiate with the insurance company for a fair settlement covering all your damages. Without an attorney on your side, the insurance company may try to take advantage of you with a low settlement offer.
- Litigating Your Case – Your attorney will litigate your case at trial and seek the maximum compensation available if the insurance company refuses to offer a fair settlement.
Tips for Effective Documentation
Additional tips for effectively documenting your car accident injuries include:
- Record Regular Updates – Make sure you’re consistent in your documentation by recording regular updates on your condition in your injury journal and not missing any medical reports or bills. Any gaps in your records could provide an opening for the insurance company to question the validity of your claims. By staying consistent, you can protect your legal right to compensation.
- Record Accurate Information – It’s essential only to record accurate information and to not speculate on your condition. Speculation will open you up to questioning by the insurance company’s attorneys, which can harm your case. By sticking to the facts of the accident, your injuries, and your treatment progress, you can create an air-tight case that pushes the insurance company toward a favorable settlement.
Contact Our Phoenix Personal Injury Attorney to Learn More
Properly documenting your injuries is vital to any Arizona car accident injury claim. Without proper documentation, the insurance company will likely deny your claim or offer you a small fraction of the compensation you deserve.
An experienced Phoenix personal injury attorney from Silkman Law Firm can assist you by documenting your injuries, investigating your personal injury case, negotiating with the insurance company, and more. Contact our law office today to learn more about our dedication to seeking the compensation you need and deserve after a car accident injury.