Injured?
by Erin Kelly
Be Prepared, Just in Case
Accidents happen. But when they have shortor long-term consequences, whether it’s a lasting injury or missed pay, how do you know if you have a personal injury claim? “Just because you’re in an accident doesn’t mean you’re automatically entitled to file a claim to recover damages, but sometimes a claim is an effective and logical step to legitimate reimbursement for injury or loss,” says attorney T-Claude Devall with Hoffoss Devall Law Firm. “Personal injury lawsuits have been given a bad name because some people view them as easily abused, as if people only file them to make ‘big bucks’ they don’t deserve. For the past 20 years, insurance companies have constantly supported multi-million dollar marketing campaigns trying to make us believe that. In reality, there are great laws already in place that protect against frivolous lawsuits. We have a right to be made whole when we’ve been injured due to the carelessness or negligence of another. It’s simply being accountable for your actions – one of the most basic rules we all teach our children.” In some cases, the fault and resulting legal action is clear. In others, you may be unsure whether it’s in your best interests to file. Devall gave the following tips when deciding whether or not you have a case: Always take notes after an accident or injury. Write down all the details and get as much information from witnesses as you can. “If possible, do this right away, while the details are fresh in your mind,” Devall says. “Memory is a tricky thing. If you try to write everything down later, you may have more trouble than you think.” If possible, gather evidence. “Take pictures, if you can. By all means, collect the contact information of anyone who witnessed the accident,” Devall says. “If it’s a car wreck, write down license plate numbers.” December 2013
Have a clear understanding of the circumstances. Who was at fault? If this was a car wreck, be sure you understand which traffic laws were violated. Don’t assume the other person is liable until you know this for a fact. “Sometimes we assume that we followed all traffic laws, only to discover later that the traffic light didn’t allow right turns on red, or some other caveat that changes the circumstances of the accident,” Devall says. Keep track of all medical records. This documentation may provide critical evidence if you do pursue a claim. Devall adds that most attorneys offer a free consultation. “If you think you have a case, you have nothing to lose by taking advantage of this service,” he says. “Just make sure you’re clear about what the consultation provides. Usually it means you get to meet with the attorney, discuss the details of the case, and get feedback on the best course of action. Bring all the information you’ve gathered, and listen to their legal advice about whether or not you have a case. Then you can decide on the best course of action – if any – for your particular situation.”
Thrive Magazine for Better Living
For more information about personal injury law, call Hoffoss Devall at (337) 433-2053 or visit www.hdinjurylaw.com.
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