First I'm glad everyone is doing as well as they are. To address your question:
1) Take photographs of everything. The vehicles. The scene. The skid marks. The bruises. The cuts. The scrapes. Everything.
2) Take Notes on everything. Where does it hurt. When does it hurt. How bad does it hurt. Does it prevent you from performing activities you otherwise would have performed? Everything.
3) Follow Attorney McCormick’s advice regarding medical treatment.
4) Do NOT give a statement to anyone (other than your attorney) regarding the injuries, the treatment, etc.
5) Consult with an experienced injury attorney in your area. Just because you have been involved in a collision, does not necessarily mean that you will need to retain an attorney. That said, you should definitely consult with an attorney. Most will offer a free consultation. Your mailbox will be flooded with direct mailings/pamphlets/brochures/DVD’s/etc from attorneys offering their services. Consulting with, and/or hiring an attorney, is an important decision and should not be based on what you read in a brochure and/or tv commercial. Do your homework… either online (as you are doing now on avvo.com) or by asking around for a referral. Either way, locate and consult with an experienced attorney in your area.
There is a little more info at http://www.owensmiller.com/Personal-Injury/Auto-Accidents/Five-Steps-After-an-Accident.shtml
Owens & Miller, PLLC
4030 Wake Forest Road, Suite 300
Raleigh, NC 27609
Phone no: (919) 719-2750
Fax no: (919) 516-0063
First -- the family needs to retain counsel. Big hits sometimes leave lingering impacts and sometimes the true injuries are being masked by the body's healing process. Second -- talking to the insurance carrier is not necessary other than to deal with property damage. Your attorneyu will tell you about the goals of insurance carriers and how they do not aligfn with your family's goals.
Finally, make sure you have pictures of the vehicle in which your family was riding. Again, people sometimes have lingering problems after suffering big hits that turn into surgical needs. Injuries to spinal discs is a perfect example.
I wish all of you the best!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Contact an attorney right away so that your rights can be protected. I recommend calling an attorney before speaking with the insurance companies. Don't delay.
Hernan Law Firm
Serving injured clients throughout North Carolina, Tennessee and Georgia
Telephone: (678) 275-4000
Free initial consultations - Contingency fees
DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.
It sounds like you have done well so far. I would follow up with the family doctor to ensure all is well and nothing is worse than thought. You may want to contact a local personal injury lawyer to deal with the other drivers insurance company. I dont recommend speaking with the oher drivers insurance company until you have spoken with a local lawyer. Good luck and I am glad that the injuries were not worse than they appear to be.
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.
As the other attorneys have already stated, you need to talk to a lawyer ASAP. Sooner or later everyone in your family will be contacted by the at fault driver’s insurance company. DO NOT give them any recorded statement or sign any authorizations they send you.
Also, when it comes to medical treatment, tell your providers about every ache and pain that you have since the crash. What hurts the most now may get better in 3 months, and the area that hurts you the least can turn out to be a big deal 3 months from now. You have to report all this to your medical providers so that this information is put in your medical records (hopefully). If something is not in the medical records insurance companies view it as not occurring, and it is hard to have them believe it after the fact.
Bottom line, you need an attorney sooner vs. later. Good luck.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Retain an attorney IMMEDIATELY. Delay could prejudice the claim.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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