Each year, millions of people are hurt in car, slip and fall and other accidents. Unfortunately, many accident victims don’t know their legal rights and end up paying their losses themselves or obtaining much less compensation than they are legally entitled to receive. Knowing your rights in case of an accident can keep this from happening to you. Here are some important rights you should know about if you are in an accident.
Right to fair compensation
If you are in an accident, you have the right to full compensation for your injuries and losses. Generally, this means enough money to put you in as close to your position before the accident. Thus, you can recover compensation for many things, including lost wages, lost earning capacity, medical bills, transportation costs to and from doctors and other health care providers, and money for your pain and suffering.
Of course, just because you are hurt in an accident does not automatically mean you are entitled to compensation. The other side must pay you only if they were at fault. However, most states let you recover compensation even if you are partly to blame for the accident.
Right to talk to your lawyer before answering questions
After an accident, the other side or an insurance adjuster will likely ask you to describe what happened. You are not legally required to answer any questions, and you should not do so without first consulting your lawyer (your own insurance policy may require you to give a statement, but you can still talk to your lawyer before doing so). Insurance adjusters are trained to ask questions seeking information that hurts your case and lowers the value of your claim. Don’t let this happen to you — decline to say anything until consulting your lawyer. Remember that anything you say can be used against you later and have a big impact on the outcome of your case.
Right to conduct your own investigation
Accident victims are entitled to get information from witnesses and to conduct their own investigation to determine what really caused the accident.
Right to choose your medical care
If you are in an accident, you have the right to choose your doctor. Don’t let the other side or an insurance company pressure you to see their doctor. Select the doctor you trust will provide you with the best care.
Right to have your property repaired or replaced
If you were in a car accident, you have the right to have your car fixed to its pre-accident condition. If the car is “totaled,” you’re entitled its pre-accident value. You are also entitled to the use of a rental car while your car is being repaired.
Right to learn about the other side’s insurance
Whoever caused the accident may not have enough money or property to pay your damages, but may have insurance that covers your losses. You have the right to get information about this insurance.
Right to accept or reject settlement offers
Our law firm will make every effort to get you the maximum compensation in the fastest time. Ultimately, though, the decision to accept or reject any settlement offer is up to you. You are not required to accept what an insurance adjuster or someone else says is their “final settlement offer.” You have the right to pursue your matter in our justice system to get all that the law entitles you to receive.
These are just some of the rights of accident victims. If you are in an accident, don’t guess what your rights are, and don’t rely on what an insurance adjuster or other people say are your rights. Instead, call our law firm. We are truly on your side and will accurately explain your rights, including everything you can be compensated for under the law. With this information -- and a full understanding of your rights -- you have a much better chance of getting the maximum recovery.
Contact an attorney at Triscaro & Associates today. Please call us for all your legal needs. We offer a full range of legal services to individuals, families and businesses, including personal injury, estate planning, real estate, family law and business matters. We are dedicated to providing the highest quality legal services at a reasonable cost.