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In the moments after a car accident, it is perfectly normal to be overwhelmed and confused by the situation at-hand.  There are several diverse issues that you’ll be presented with: you’ll have to evaluate your injuries, assess the extent of damage to your car, and work with the at-fault parties (as well as police).

Given this very stressful environment, it can be difficult to thoughtfully and strategically gauge the situation and make the correct decisions.  It is important that you take the time to consider your course of action, however.  The decisions you make in the aftermath of a car accident can influence the success of your later personal injury claims.

So, what helpful tips should you keep in mind when it comes to taking action after an accident? DMV Florida offers a few ideas.

Seek Medical Attention as Soon as Possible

If you have been injured, you should seek medical attention as soon as practically possible.  It is generally recommended that – even if your injuries are not visibly serious – you setup an appointment and see a physician for a full assessment, as the extent of your injuries may not actually be clear until further examination.

From a legal perspective, it is particularly important to have a physician conduct a full assessment so that you can assert a damages claim that is fair and reasonable compensation for your actual injuries.

Delaying medical treatment can have a negative effect on your claims.  If you delay for too long, the defendant is likely to use such delay to question the legitimacy of your injuries.  For the defendant, this is quite an effective argument…surely you would have sought treatment more hastily had you been seriously injured as a result of the accident?

You should also make an effort to pursue reasonable treatment as advised.  In Florida, plaintiffs have a duty to mitigate their damages after an injury.  Thus, if you have been injured, you have a duty to reasonably treat such injuries.  If you do not, then the defendant can assert that you failed in your duty to mitigate your damages, and the total damages claim will be reduced accordingly.

Record Necessary Information

Make sure to take down all the relevant information that you’ll need down the line, for both insurance and legal claim purposes.  You should record the contact information for the at-fault driver, passengers, and nearby witnesses.  Though your personal injury attorney will make efforts to acquire this information should you fail to do so, it will help speed up initial intake (and will ensure that relevant information is available).

If you have a camera on-hand (or more likely, your phone camera), take extensive photos of the accident scene.  Police will take photos of the scene too, but you’ll want to ensure that there is more extensive photo evidence to work with.  Photos can be used to determine the timeline of the accident, to estimate the speed of a collision, and more.

Do Not Admit Fault

Make sure to be amicable with the defendant and with law enforcement officers, but do not admit fault.  Admissions of fault may be used against you later on in the event of a lawsuit.  If the police attempt to further investigate your role in the accident, request the presence of your attorney.

If either your insurer or the defendant’s insurer attempt to contact you, it is absolutely crucial that you do not engage unless your attorney is present.  Insurers will use various underhanded tactics to trick you into admitting fault (whether partial or full), thus minimizing your potential claim.

Consult With an Experienced Attorney

It is important that you consult with an experienced personal injury attorney as soon as possible after your accident.  The sooner you approach an attorney, the sooner your claim can be researched, assessed, and filed.  If you wait too long before approaching an attorney, you may fail to file your lawsuit before the statute of limitations deadline (in Florida, motor vehicle accident claims must be filed within 4 years of the accident date).

If you have been involved in a car accident, contact Randall Spivey to speak with a skilled Fort Myers car accident attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.