These tips for building an auto accident case in Massachusetts will help you recover fair compensation when you file a claim.

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Have you been involved in an auto accident in Massachusetts? If so, you can file a claim with your own insurance to seek compensation for such losses as medical bills, lost wages, and other losses you may have incurred as a result of your accident.

It doesn’t matter if someone else’s negligence caused the collision. Massachusetts is a no-fault car accident state. That means your own insurer is responsible for compensating you. If your injuries are particularly severe, you can seek additional compensation by filing a separate claim or lawsuit with the insurer of the negligent party responsible for your injuries.

Regardless, it’s important to remember that insurance companies are businesses. The insurance company’s goal may be to pay you less than you’re seeking. To build a strong case demonstrating why you’re eligible to recover more compensation than the insurance company might initially offer, keep these tips in mind:

Take These Steps in the Immediate Aftermath of an Accident

You may be reading this because you’ve already been involved in an accident. If so, the information in this first tip won’t be relevant.

That said, if you haven’t been involved in an accident, but wish to be prepared in case you ever are, this information is essential. Taking the proper steps in the immediate aftermath of a collision can play a significant role in your case’s outcome.

After an accident, you should:

  • Check yourself and your passengers for injuries
  • Safely relocate to a spot away from traffic
  • Without endangering yourself, check on the condition of all others involved in the accident, and call 911 if anyone appears seriously injured
  • Exchange contact and insurance information with all others involved in the accident
  • MAINTAIN YOUR COMPOSURE and don’t allow yourself to angrily confront anyone you believe caused the collision
  • Report the accident to the police
  • Get the names and contact information of witnesses
  • Take pictures of the accident scene and your injuries
  • Cooperate with police and ask them how you may go about requesting copies of their reports

See a Doctor as Soon as Possible

Seeing a doctor as soon as the police are finished investigating your accident is critical. If you haven’t sought medical care yet after an accident, do so right away.

Some auto accident victims don’t seek immediate medical care because they don’t realize they’ve been injured. For example, the symptoms of a concussion or similar head injury might not be noticeable until hours or even days after a collision. Additionally, adrenaline can prevent someone from noticing pain and other such signs of injury.

The fact that you don’t believe you’ve sustained injuries doesn’t mean you escaped from an accident unharmed. You must receive confirmation from a doctor that you aren’t in need of treatment. 

Be aware that if you wait too long after an accident to seek medical attention, it might be possible for an insurer to avoid paying you by arguing there isn’t a clear link showing your auto accident caused your injuries. Guard against this by seeing a doctor as soon as possible.

Taking the proper steps in the immediate aftermath of a collision can play a significant role in your case’s outcome.

Save All Evidence

The evidence you’ve gathered at the scene of your accident is extremely valuable. Ensure there’s no chance you’ll lose it by taking such steps as:

  • Digitally backing up pictures and footage of the accident scene and your injuries 
  • Saving digital copies of witness contact information lists
  • Saving the names, contact information, and insurance information of all those involved in the accident in multiple formats across multiple devices
  • Requesting copies of any relevant documents that you don’t have immediate access to, such as police reports and medical records, and making/saving extra copies accordingly

Draft a Narrative of Your Accident

Remember that your memory of a traumatic experience like a motor vehicle accident can fade over time.

Draft a written narrative of your accident as you remember it shortly after seeing a doctor, however do so for your attorney (and label it as such) so that your communication remains privileged and confidential. Review it carefully for any details you may have omitted.

The more clearly you can describe your case, the more productive your consultation with an attorney will be.

Don’t Discuss Your Accident

Insurance adjusters are often trained to look for any reason they can find to justify denying an auto accident victim’s claim or paying them less than they deserve. If you make the wrong statement to an insurance adjuster or even simply post the wrong details on social media, you could jeopardize your case.

This doesn’t need to happen. Instead, strongly consider hiring a lawyer to represent you. They’ll handle all correspondence with the insurance company on your behalf. Until your case is resolved, your attorney is the only individual with whom you should discuss it.

At Swartz & Swartz, P.C., our Boston auto accident lawyers are committed to helping our clients recover the full amount of compensation they deserve. You can further boost your odds of winning a case by following the advice here. To learn more about what we can do for you, contact us online or call us at (617) 742-1900.

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James Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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