Often, those who are involved in an auto collision make crucial mistakes, which can hurt their claim and chances to recover compensation for damages. Following a truck crash, you should reach out to an experienced truck accident attorney. Roger Gelb can help you understand the biggest mistakes to avoid after a truck accident in DC and could help you seek compensation for damages.
Anything that a claimant says at the scene of an accident that may be later regurgitated by the other party or written down in a police report is most likely to be considered hearsay evidence, which means it is most likely going to be excluded from any testimony at a trial or a hearing on the matter.
However, there are exceptions to hearsay rules. The rules of evidence also allow some things that are said at the time of an accident to be admitted even though it is considered hearsay.
Starting with the second part of the question first, most people consider other factors when they are in an accident. If they are in a very serious accident, often, the vehicle that they are in is disabled.
It is extremely important that a person involved in an accident that is seriously injured should go to the hospital as soon as possible. A doctor will keep a record detailing the exact injuries, which can be useful later when calculating damages.
It is very important that a claimant follow the doctor’s orders. if a doctor says they need to stay home and not work for a week, and the claimant goes back to work and starts moving things and doing some sort of physical labor, or even standing on their feet, which they should not be doing, and they get worse, well, they failed to mitigate their damages, and there could be an argument that they somehow made their problem worse, had they just listened to the doctor, perhaps, they wouldn’t be in such bad shape down the road.
It is imperative that a claimant follow the doctor’s advice. Gaps in treatment is an issue. If a claimant goes to a hospital or doctor after the accident and waits a month before any follow-up care, well, naturally, not only is it difficult for a doctor to connect the continuing complaints to the original accident, but the value of the claim does tend to diminish as time goes by without follow up care sooner.
A claimant who is involved in an accident should only accept compensation once their lawyer tells them it is okay to do so. There are usually three different claims when they are in an accident.
One would be a property damage claim. In general, it is fine for a claimant to resolve the property damage claim before they resolve the injury claim. The issue is if they have to sign a release, they have to make sure it is a property damage only release and not a general release, which would release the tortfeasor from the injury claim. That is a big reason it is important to seek help from a lawyer immediately.
Additionally, there is a claim for loss of use. The insurance company may be willing to pay for rental car reimbursement. If that is paid directly to the claimant and a release is signed, that could preclude the injury claim. It is critical that a truck accident lawyer be involved early on.
After a crash, you should call a truck accident lawyer right away. A lawyer can start coordinating treatment and make sure that you are seen by a medical provider as soon as possible. An attorney could help you understand the biggest mistakes to avoid after a truck crash attorney to help you recover more compensation for damages. Call today to get started on your case.
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