The aftermath of a serious car crash can be a time of shock and confusion as you try to calm yourself, tend to any injuries, and figure out what happened. You may be overwhelmed by the arrival of emergency medical responders and police.
At the same time, there are certain steps to take after a Wilmington car accident in order to support your recovery. If you want to make a successful legal claim for compensation, it is essential to take these actions as soon as possible after your crash. The attorneys at Doroshow, Pasquale, Krawitz, & Bhaya can help.
What You Should Do After a Collision
You should report the crash to the police, if officers are not already on the scene. Police can gather the information of each driver involved and generate a police report, which an injured person can obtain as documentation of what happened. A police investigator can even put together additional information from eyewitness accounts and surveillance footage to suggest who caused the crash.
If someone at the scene identifies themselves as a witness, write down (or have them write down) their name, phone number. Eyewitness testimony can help establish the facts of the case and address any disputes.
Take pictures of the scene of the accident with your phone if possible. Take pictures showing the positions and locations of the vehicles after the crash. Take pictures of the damage to your car and to other cars involved. These types of photos are invaluable for proving fault, liability, damages and injuries.
If you are injured in a car crash, you should also seek prompt medical attention. Tending to injuries soon after sustaining them can help limit the extent of the injury and provide the best chance of a speedy recovery.
In addition to helping your injury recovery, seeking medical attention helps to ensure documentation of the injuries. A doctor’s notes and their evaluation of injuries can form the basis for showing legal damages if the injured person makes a compensation claim.
Finally, a crucial step to take after a car crash is to find a Wilmington lawyer and make a legal claim. The injuries you experienced in a crash can cost you financially and mentally, creating damages on which a claim can be based.
Making a Compensation Claim
Hiring an attorney can enable you to bring a lawsuit against whoever caused the crash. A claim against that person, likely another driver, will typically depend on the legal concept of negligence.
Proving negligence requires evidence of several elements, including the defendant’s duty of care, breach of that duty, and how they caused the crash and legal damages (categories for expressing injury, such as medical expenses, property damages, lost wages, and pain and suffering). The actions of seeking medical attention and reporting a crash can support such a claim by showing that there are real damages and that the defendant was the cause.
For example, a police report may reveal that another driver operated their vehicle recklessly or while under the influence of an impairing substance, showing their fault. On the side of damages, a thorough medical examination can show the extent of a person’s injuries and how those injuries will likely affect their future, such as limiting work opportunities and requiring long-term care.
Taking these kinds of steps, including seeking the help of a Wilmington personal injury attorney, should happen quickly after an accident, as the statute of limitations can limit your ability to receive compensation. Under 10 Delaware Code § 8119, a plaintiff only has two years from the date of a car crash to file a claim or risk losing the ability to sue for damages.
Talk to a Wilmington Lawyer About Steps To Take After a Car Crash
Uncertainty after a car crash is common, but you should know that taking particular actions as soon as possible can make a significant difference in the outcome of your claim for compensation. An attorney from Doroshow, Pasquale, Krawitz, & Bhaya can guide you through the steps to take after a Wilmington car accident so you are better equipped to navigate the process of making your claim. Contact our offices to schedule a consultation with an injury lawyer.