Why "Over Treatment" Will Hurt Your Accident Case

Getting the "right" amount of treatment for your injuries is a balancing act.  You certainly don't want to get too little treatment or stop treatment before your injuries have resolved.  On the other hand, it is not wise to "over treat" or get unecessary treatment. Insurance companies will try to punish you for over-treatment, which will make your case harder to resolve and could weaken your position.
How much is too much? I cannot give you a good rule of thumb. It depends on your injury. The best thing to do is pick a reputable doctor and follow their orders. That will always be easy to defend.

If your treatment is reasonable and necessary, your case will be easier to resolve and you will have more credibility with the insurance adjuster.  If, however, the bills and amount of treatments are outrageous, you may not be able to recover all of the damges (by settlemetnt or trial).  Don't over do it! If you are treating with a provider whom you suspect is intentionally trying to pad the medical bills, go to someone else.

Fender Bender?? You Should Still Call The Police

Even if you are involved in a minor collision, you should still call the police.

Although in some jurisdictions the police don't respond to fender benders unless there's an injury or an unmoveable car blocking a thoroughfare, it's still a good idea to call them. It may seem unnecessary or time-consuming to do so, but they can provide a valuable resource. Even if the police do not create an official accident report (which in small collisions they may not be required to do), they can still create an incident report.  This will help you if you are not at fault and the other party's insurance company is contesting liability or their insured is making false statements. They may also interview witnesses, and record details such as the time and place of the accident, license numbers and descriptions of cars, and names and addresses of the drivers and owners of each vehicle. This information may prove useful in the settlement process. Write down the name and badge number of the investigating officer, the name of the agency he or she represents, the name of the intersection where the accident occurred, and the number of the police report. This information will make it easier if you or your insurance company must contact the police to request a copy of the report.

Finally, a police officer can also cite the at fault driver if they believe they have committed a traffic violation.  This can also help when the insurance company is investigating fault.

You Should Consult With a Lawyer If.....(Auto Accident)

It is a good idea to consult a lawyer if:

It is not clear who is at fault for the car accident, or liability is being dispute.

You are not sure what the damages are.

The insurance claims adjuster requests medical records from before your accident

The insurance company denied your claim and refuses to reconsider even if you think they are wrong

You have incurred medical bills

The other party has served you with a lawsuit

The insurance claims adjuster has made you an offer for settlement, and you believe your claim is worth more

If you are claiming lost wages which are difficult to prove, or

You are not sure if you can prove your own case.

Why You May Need A Lawyer For Your Maryland Accident Case

Even if the other party admits fault following a car accident, your struggles are not over. You still have to deal with your insurance company, the other driver's insurance company, and possible long-term complications from injuries that you may not have noticed at the time of the crash. Most likely, the insurance companies won’t offer you a fair settlement or pay fully for your loss.  The insurance companies are businesses who are interested in protecting their bottom line. Don't take it personally, but they are not there to help you get the most value out of your case. Hiring a lawyer will ensure that you get adequate compensation for your pain and suffering, property damage, lost wages, and other losses that you may not have even considered.
In general, accidents which result in damages less than $500 probably do not require that you retain an attorney. However, there could be outstanding circumstances where it may be a good idea to have a skilled attorney on your side.

Protect Your Accident Case

The first week following an automobile accident is probably the most important for finding and preserving evidence of the crash and documenting your injuries. You should definitely see a doctor even if you feel fine; sometimes injuries surface days later.  The longer you wait, the more likely it is that the insurance company will deny your claim or think that you're not credible.

As soon as you are able to you should return to the scene where the accident occurred. Find anything that might have contributed to the accident and photograph them. Take several photos of the scene at the same time of day and the same day of the week that your accident occurred. This sounds obvious and you may have heard this all before.  Trust me, it will make a big difference when you settle the case or go to trial.

As I have stated in previous posts, take photographs of the car.  This will show not only how much damage was done, but the force of the collision.

Of course, make sure you get the names, addresses, and phone numbers of any and all witnesses.  Contact an attorney immediately, and DON'T SPEAK TO THE OTHER GUY'S INSURANCE COMPANY.

Even if you have a legitimate accident claim, making any of these mistakes could impact your ability to recover a fair settlement.

Don't Delay, Let Time Be on Your Side

When hiring an attorney for any matter, the most important thing you can do is to get the attorney involved in your case as quickly as possible.  Typically, the more time a lawyer can spend on your case, the better the result.

If a potential client hires me for a case that is scheduled for tomorrow, there is only so much I can do.  Sure, I may be able to get the case postponed, but a postponement could put you at a disadvantage.  Usually, you are only entitled to one postponement.  When I ask for a case to be postponed, its not always because I need more time, but for some other strategy method. By not being prepared on your court date (even if its the first), you are playing with fire.  There are some judges that won't even give you more time on the first court date.

In order for a lawyer to do what needs to be done, to prepare properly, and to resolve your matter the best way possible, he or she needs TIME!

Once you and your lawyer are in court or the case has gone to trial, the large majority of the work is finished.  Going to court is sometimes the easy part.  Yes, the easy part.  The large majority of the practice of law is preparation.

If you have a case, try to retain the attorney as soon as possible.  It should pay off (more than you realize) in the long run.

Why You May Want to File Suit in Your Accident Case

Sometimes, you have to do what you have to do.  In your accident case, if the insurance company is playing games and not willing to give you a fair settlement, consider filing a lawsuit. Here's why:

1. A Lawsuit Sends A Message That You Are Serious:  Insurance companies know that it takes time and effort to file a lawsuit.  If you file one, this will send a message that you will not settle your case for less than what its worth.

2. The Insurance Company Will Look At the Case More Closely:  Once a lawsuit is filed, the case will be given more scrutiny.  The insurance company might realize that they would be foolish not to settle the claim.

3.  If The Case Goes to Trial, You May Get More Money: If you have a good case, a judge or jury may award you far more damages than you would have gotten had you settled.  It may be in your best interest to NOT settle the case.

4.  In Some Cases, Its a Waste of Your Time To Try to Settle:  In some circumstances, its a complete waste of your time to try to negotiate prior to filing a lawsuit.  There are some insurance companies and adjusters who will make such an unreasonably low offer, its no use attempting to deal with them.  Instead, file a lawsuit.  In most cases, if you have a good case, the offer will go up substantially.

If your lawyer is not willing to file a lawsuit on your behalf, you may want to consider hiring a different lawyer.  Your lawyer should be acting in your best interest.  If filing a lawsuit is in your best interest, that's what should happen.  Too often, injury lawyers are looking for a quick settlement and have the "take what you can get" approach.