Been in a car accident? You’re not alone. The situation after an accident becomes stressful as you manage injuries while negotiating with insurance companies and facing possible lost income.
The National Safety Council reported 3,330 preliminary crash fatalities in March 2025 which represents an 8% decrease from 2024 yet shows a 1% rise compared to 2023. The statistics show the high occurrence of these incidents and demonstrate why knowing your legal rights is essential.
Following an accident you may question what actions are necessary for your next steps. Should you accept that insurance offer? Do you need a lawyer? How will you manage growing medical expenses during your work absence?
If you find yourself uncertain about your available choices you’ve come to the correct place. Accident victims often lack full knowledge of their rights which leads them to settle for compensation amounts that fall short of their true entitlements. That’s where experienced Braff Law car accident slip and fall personal injury lawyers can make all the difference in protecting your interests and securing fair compensation.
We will explain step by step what you need to know to protect yourself when you’ve sustained an accident injury.
What You’ll Discover
- Your immediate post-accident rights
- Understanding insurance company tactics
- When to hire a personal injury attorney
- Types of compensation you may be entitled to
- Common mistakes to avoid after an accident
- Time limits for filing claims
Your Immediate Rights Following a Car Accident
The period following an accident holds critical importance for your health and when pursuing legal claims. Learn the fundamental rights you should grasp right away after an accident.
Right to Medical Care
Your health comes first. You can request immediate medical care even if you believe your injuries are not serious. Injuries such as whiplash, concussions and internal damage may remain undetectable for several hours following an accident.
The website AutoInsurance.com reported that 28% of all motor vehicle crashes in 2022 led to injuries. Documenting your injuries properly is essential to support both your medical needs and any potential future legal claims.
Right to Not Make Statements Against Your Interest
Remember this: You have no obligation to provide any information that might damage your legal position. Be careful about anything beyond factual information when cooperating with police.
- You can unintentionally damage your position by expressing fault since apologies like “I’m sorry” can be taken out of context.
- Speculating about what happened
- Do not talk about your injuries until you have been examined by a doctor.
Insurance adjusters generally reach out to victims immediately after an incident to obtain recorded statements before they have enough time to weigh their options. It is within your rights to refuse to engage in these discussions until you have consulted with a lawyer.
Right to Gather Evidence
Physically capable individuals maintain the right to document all details about the accident scene. This includes:
- Taking photos of all vehicles involved
- Photographing your injuries
- Getting contact information from witnesses
- Obtaining a copy of the police report
The collected evidence could be crucial in resolving any future disagreements about the accident details and your injury extent.
Understanding Insurance Company Tactics
Here’s something many accident victims don’t realize: Even the insurance company you carry coverage with will not act in your best interest. The main objective of insurance companies is to reduce their payments while maintaining their financial stability.
Common tactics insurance companies use include:
Quick Settlement Offers
Insurance companies might present an apparently fair sum right after your accident occurs. Settlement proposals from insurance companies frequently provide payments below your claim’s true value before you understand the complete scope of your injuries and recovery duration.
Downplaying Your Injuries
Insurance adjusters may contend that your injuries are not as critical as you state or preexisted before the accident. Complete medical records serve as an essential tool for substantiating your claims.
Delaying Tactics
Insurance companies extend claim processing times to pressure you into settling for less because of financial distress.
At every stage of the process you maintain the right to negotiate settlement terms while rejecting insufficient offers and obtaining legal counsel.
When to Hire a Personal Injury Attorney
You may question whether you should hire a lawyer following a car accident. These situations demonstrate the vital need for legal representation:
- Your injuries demand substantial medical attention which indicates the need for serious treatment.
- The injuries you suffered have caused you to lose income through work absence or reduced earning potential.
- Fault for the accident is disputed
- The accident case involves several parties including other drivers and manufacturers along with government organizations.
- Your insurance company is demonstrating bad faith behavior.
The National Safety Council reported that 179 fatalities occurred on U.S. roads during New Year’s Day 2025. Severe injuries or fatal outcomes from accidents necessitate professional legal guidance due to the high stakes involved.
Types of Compensation You May Be Entitled To
A large number of people who suffer accidents remain unaware about all the damages they can potentially recuperate. These typically fall into three categories:
Economic Damages
These represent the measurable financial losses you suffered from your accident.
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Additional personal expenditures include transportation costs for medical consultations and expenses for altering your home.
Non-Economic Damages
These damages provide compensation for losses which cannot be measured in specific dollar amounts.
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
Punitive Damages
Courts can award punitive damages in instances where misconduct is exceptionally reckless or intentional to punish the offender and prevent others from engaging in similar behavior.
Your rights extend beyond just covering medical expenses and car repairs to include all possible damages.
Common Mistakes to Avoid After an Accident
Defend your rights by steering clear of these typical mistakes.
Delaying Medical Treatment
Visit a doctor immediately even if your symptoms appear non-existent. Certain injuries show symptoms only after days which gives insurance companies the chance to argue that the accident didn’t cause your injuries when you delay treatment.
Posting on Social Media
Claimants must understand that insurance adjusters frequently check their social media profiles. Your daily activities shared online through innocent posts can become evidence used to downplay your injuries.
Accepting the First Settlement Offer
The first settlement offers provided by insurance companies usually undervalue your case’s true worth. The acceptance of a settlement prevents you from obtaining further compensation if your injuries later become more serious.
Missing Deadlines
Personal injury claims must be filed within certain time frames established by each state’s statutes of limitations. If you fail to meet these deadlines you will permanently lose your right to receive compensation.
Your Right to Comparative Negligence Consideration
Numerous states allow accident victims to obtain compensation even when they share partial blame for the collision. Under comparative negligence laws your award amount decreases in direct proportion to your share of responsibility for the accident.
Even with 20% fault for the accident and $100,000 in damages you would be eligible to recover $80,000.
Certain states enforce “contributory negligence” rules that prevent you from obtaining compensation if you hold any share of the blame for the incident. The way your state handles shared fault plays a critical role in evaluating your legal claim.
The Bottom Line: Knowledge is Your Best Protection
Knowing your legal rights after sustaining injuries in a car accident allows you to make wise choices while navigating through difficult circumstances. Remember these key points:
- Always prioritize your health by seeking immediate medical attention.
- You can reject any early settlement offers without obligation.
- Maintaining all necessary evidence and documentation remains essential to your case.
- Make sure you understand the specific deadlines relevant to your case.
- Seek legal advice from a personal injury attorney prior to finalizing any decisions.
Car accidents occur in mere seconds yet their consequences can extend throughout your entire life. Taking proper steps based on your rights enables you to safeguard your health as well as your financial and future prospects following an injury.
You need to understand your rights to protect yourself because proper exercise of them ensures protection.