DO’s and DO NOT’s — MDM Law

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DO’s and DO NOT’s

DO:

Make notes right away concerning the injury: (1) where did it occur; (2) who was present; (3) what happened; (4) what did the personal at fault say; (5) make and model of the vehicle; and (6) license plate of the vehicle.

DO:

Have the police/Sheriff come to the scene of the collision and make a report.

DO:

Take photographs of the scene and the property damage showing the force of the impact. This is very important because insurance companies will try to minimize the impact and the injuries if the impact is slight.

DO NOT:

Do not get angry with the first responders or the person at fault. Be professional and cooperative. If you loose your temper this will reflect badly on your claim.

DO:

Have the EMTs or paramedics treat you at the scene.

DO:

Go to the hospital if the impact is significant. Do not hesitate to use the ambulance, if available. If necessary, have a friend take you to the hospital.

DO:

Keep all hospital documents or police documents for later use as proof of incident and injury.

DO:

Follow the physician’s treatment plan

DO:

See your physician for follow-up care.

DO:

Provide an account and comprehensive medical history of the injury to your PCP. This will insure a complete history in the physician’s office notes.

DO:

Take time off work if sore or in pain and per your doctor’s recommendation.

DO NOT:

Do not give a recorded statement to the at fault person’s insurance company at any time unless you are represented by an attorney.

DO NOT:

Do not give a recorded statement to your insurance if you are under the influence of medication or are in pain. Wait until you have a clear head and good recollection of the facts. Your attorney should be present during any statement you give to your insurance company.

Caveat:

Do not forget that you may have an adversarial relationship with your insurance company if you have an uninsured or underinsured claim or a medical payment claim.

DO NOT:

Do not prematurely settle your claim before your treating physician has released you from treatment.

Caveat:

In Arizona there is a two-year statute of limitations but be careful the statute of limitations may be different in other states.

Caveat:

If any aspect of your claim is against a government agency (State of Arizona; Pima County; City of Tucson; etc.) you have six months to provide the government entity with a “Notice of Claim”.

DO NOT:

Do not try to represent yourself. You could do more harm to your case than you can imagine.

DO:

Obtain representation as soon as possible so you will have guidance in every aspect of your claim from the time of your injury (or knowledge of your injury) until you must file your lawsuit.

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