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Legal Vocabulary 101

Click on the vocabulary words below to show the definitions and information.

Damages

Definition: In legal terms, damages refer to the monetary compensation awarded to a plaintiff for losses or injuries suffered due to another party’s actions or negligence. 

Types of Damages: 

  • Compensatory Damages: These are intended to compensate the injured party for actual losses, including medical expenses, lost wages, and pain and suffering. 
  • Punitive Damages: These are awarded in cases of particularly egregious behavior and are meant to punish the wrongdoer and deter similar conduct in the future. 

Why It Matters: Understanding the concept of damages is crucial when pursuing a personal injury claim. At VanDerGinst Law, we work hard to ensure that our clients receive fair compensation for all damages incurred as a result of their injuries. 

Fun Fact: The word “damages” comes from the Old French word “damager,” meaning “to harm or inflict a loss.” 

Tort

Definition: A tort is a civil wrong or wrongful act (not arising from a contract) that causes harm or loss to another person, leading the injured party to seek compensation through a lawsuit.  

 Types of Torts: 

  • Negligence: The most common tort, where a party fails to exercise reasonable care, resulting in injury or damage to another. For example, a car accident caused by a driver who was texting. 
  • Intentional Torts: These occur when a person deliberately causes harm to another. Examples include assault, battery, and defamation. 
  • Strict Liability Torts: In these cases, a person can be held liable for harm caused by their actions, regardless of intent or negligence. This often applies to cases involving defective products or hazardous activities. 

Why It Matters: Understanding torts is crucial for anyone involved in legal disputes, as they play a significant role in personal injury claims and other civil litigation. Knowing the different types of torts can help individuals protect their rights and seek appropriate remedies for wrongs committed against them. 

 Fun Fact: The word “tort” derives from the Latin term “tortus,” which means “twisted” or “wrong.” This reflects the idea that a tort is a deviation from the standard of conduct expected in society. 

 

Liability

Definition: In legal terms, liability refers to the legal responsibility or obligation of an individual or organization to compensate for harm or damage caused to another party, whether through actions, inactions, or negligence. 

Types of Liability: 

  • Contractual Liability: This arises from agreements or contracts when one party fails to fulfill their obligations, leading to losses for another party. 
  • Tort Liability: This is incurred when a person’s actions cause harm to another, typically leading to claims for damages due to negligence, intentional wrongdoing, or strict liability. 

Why It Matters: Understanding liability is essential for anyone involved in legal agreements or disputes. It helps individuals and businesses recognize their potential obligations and the risks they may face, which is vital for effective risk management and legal compliance. 

Fun Fact: The term “liability” originates from the Latin word “ligare,” meaning “to bind,” reflecting the binding nature of legal obligations between parties. 

Statute Of Limitations

Definition: The statute of limitations is a legal time limit within which a person must file a lawsuit or legal claim. Once this period expires, the right to bring the claim is generally barred, meaning the injured party can no longer pursue legal action for that particular issue. 

 Time Frames:  

  • Personal Injury Claims: In many jurisdictions, the statute of limitations for personal injury claims ranges from one to three years, depending on the state. 
  • Medical Malpractice: This often has a separate timeline, typically starting from the date of the injury or discovery of the injury and may vary between two to three years. 
  • Wrongful Death Claims: Similar to personal injury claims, wrongful death statutes often allow for a claim to be filed within one to three years from the date of death. 

Why It Matters: Understanding the statute of limitations is crucial for individuals seeking to file a legal claim. Missing the deadline can result in losing the right to seek compensation for damages, so it’s important to act promptly and consult with an attorney to ensure that claims are filed within the required timeframes. 

Fun Fact: The concept of the statute of limitations dates back to ancient Roman law, emphasizing the importance of timely legal action and the need for stability and finality in legal disputes. 

Causation

Definition: Causation is the legal principle that establishes a direct link between a defendant’s actions (or failure to act) and the plaintiff’s injury or harm. It is a critical element in most personal injury cases, as the plaintiff must demonstrate that the defendant’s actions directly caused the damages they are seeking compensation for. 

Types of Causation: 

  • Cause-in-Fact: This is the “actual cause” of the injury. It means that the harm would not have occurred but for the defendant’s actions. 
  • Proximate Cause: This refers to whether the harm was a foreseeable result of the defendant’s actions. It involves determining if the injury was too far removed from the defendant’s conduct. 

Why It Matters: In a personal injury lawsuit, proving causation is essential. Without showing a clear connection between the defendant’s actions and the injury, the case is unlikely to succeed. For example, in a slip-and-fall case, the plaintiff must show that the dangerous condition on the property was the actual cause of their fall and subsequent injuries. 

Fun Fact: The concept of causation dates back to early tort law and has evolved over time, with courts balancing fairness in determining liability and ensuring that defendants are only held accountable for harms that were reasonably foreseeable and directly caused by their actions. 

Settlement

Definition: A settlement is an agreement reached between parties in a legal dispute, typically before a case goes to trial (or before it concludes). In a personal injury case, a settlement usually involves the injured party agreeing to accept a specific amount of compensation from the defendant or their insurance company in exchange for dropping the lawsuit or waiving further legal claims. 

Types of Settlements: 

  • Lump Sum Settlement: A one-time payment covering all agreed-upon damages. 
  • Structured Settlement: Payments made over time according to a predetermined schedule. 

Why It Matters: Settlements are the most common resolution in personal injury cases. They can save time, reduce legal expenses, and provide quicker financial relief for injured parties. At VanDerGinst Law, we negotiate aggressively with insurance companies to ensure our clients receive fair and full compensation—without the stress of a drawn-out trial, unless necessary. 

Fun Fact: Over 90% of personal injury claims are resolved through settlements rather than court verdicts—making skilled negotiation one of the most valuable tools in a personal injury lawyer’s toolkit! 

 

Plaintiff

Definition: 
A plaintiff is the person or party who initiates a lawsuit by filing a legal complaint in a civil court. In a personal injury case, the plaintiff is the injured individual seeking compensation for damages caused by another’s negligence or wrongdoing. 

Where You’ll See It Used: 

  • In case names: Smith v. Jones → Smith is the plaintiff. 
  • In legal documents like the complaint or court filings. 
  • In court: “Counsel for the plaintiff” refers to the plaintiff’s attorney. 

Example (Personal Injury Context): 

If someone slips and falls in a grocery store due to a wet floor and suffers an injury, that person can file a lawsuit. In this case, the injured party is the plaintiff, and the store is the defendant. 

Why It Matters: 

Understanding the role of the plaintiff is essential when navigating any legal action. In civil cases, the burden of proof rests on the plaintiff. That means it’s up to the plaintiff to present evidence and arguments to show that the defendant is legally responsible for the harm caused. 

Fun Fact: 

The word plaintiff comes from the Old French word pleintif, meaning “complaining.” In medieval times, it referred to someone who was bringing a grievance before the court—a definition that still holds true today! 

Defendant

Definition: 
A defendant is the individual, company, or entity against whom a legal action is brought. In civil cases, the defendant is the party being sued by the plaintiff. In criminal cases, the defendant is the person accused of committing a crime. 

Where You’ll See It Used: 

  • In case names: Smith v. Jones → Jones is the defendant. 
  • In court documents, such as complaints, summonses, and verdicts. 
  • During court proceedings, when referring to the party responding to the allegations. 

Example (Personal Injury Context): 

If someone is injured in a car accident and files a lawsuit against the driver they believe is at fault, that driver becomes the defendant in the case. 

Why It Matters: 

Understanding the role of the defendant is crucial in legal proceedings. The defendant has the right to present a defense against the claims made and is presumed innocent until proven liable or guilty, depending on the nature of the case. 

Fun Fact: 

The term defendant comes from the Latin word defendere, meaning “to ward off” or “to protect.” This reflects the defendant’s role in defending against legal claims. 

Compensation

Definition: In legal terms, compensation refers to the monetary award granted to an individual who has suffered harm or loss due to another’s negligence or unlawful actions.  The primary goal is to restore the injured party to the position they would have been in had the injury not occurred. 

Where You’ll See It Used: 

In personal injury cases, victims seek compensation for damages.  

Example (Personal Injury Context) 

If someone is injured in a car accident caused by another driver’s negligence, the injured party may file a lawsuit seeking compensation for medical expenses, lost wages, and pain and suffering.  The court may award compensatory damages to cover these losses. 

Why It Matters 

Understanding compensation is crucial when navigating legal claims.  It ensures that victims are made whole by covering both tangible and intangible losses.  This concept upholds the principle that those responsible for causing harm should bear the financial burden of their actions. 

Fun Fact:  

The term “compensation” originates from the Latin word compensatio, meaning “a weighing together of things. In the legal realm, it symbolizes balancing the scales of justice by providing restitution to those who have been wronged. 

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Hi there. Welcome to Legal Squeaks. I’m your host, Dennis VanDerGinst. And before we start discussing today’s topic, I’d like to ask you to please make sure you register or subscribe to Legal Squeaks on your favorite podcast platform.

It’s easy to do and it’s absolutely free. By doing so, you’ll be notified every time a new episode becomes available. And it also helps us track how successful we are with our content. You’ll also be able to view this podcast and all of our episodes at legalsqueaks.com.

So today’s topic is an important one. It’s what to do if you’re involved in a car accident. More than 10 million car and light truck crashes occur in the United States each year.

And even though there are fewer cars on the road since the Covid pandemic, in fact, 16 percent fewer, according to some sources, it’s ironic, but fewer drivers has actually led to more speeding to the tune of 27% increase and also hard braking incidents, up 25% as well as phone usage while driving, which is up 38%.

So the volume of car accidents hasn’t decreased, even though there are fewer cars on the road. The chances are that you or a close friend or family member has either been in a car accident at some point or will be in the future, even if it’s just a fender bender.

And when accidents like that happen, it’s easy to get anxious and stress. Adrenaline can prompt you to do things and say things that you should avoid. So it’s good to know in advance what you should do if you’re ever in that situation. So that’s what we’re going to talk about today.

The first thing is, as I mentioned, the adrenaline can get you pumped up. You want to try to remain calm. You won’t be able to make the important steps necessary in addressing the issues unless you are as calm as possible under the circumstances.

Always be sure to stop, first of all, when you’re in accident, don’t drive away from the scene of an accident, even if it’s a minor accident, because first of all, you may be overlooking opportunities to pursue compensation if you’ve sustained property damage or injury. And secondly, you could be facing criminal penalties, especially if you’re partially to blame in causing the accident. So always make sure you stop.

Once you’re stopped, first thing to do is check for injuries. Check yourself, check any of the passengers in your vehicle to see if there are any visible injuries and then call 911 one or ask someone else to do so if it appears that anyone is hurt, either in your vehicle or another vehicle that’s been involved in the accident. If you’re seriously injured, try not to move until help arrives to attend to your injuries.

Next, you want to determine what to do with your your vehicle. Now, that, of course, presupposes that your injuries allow you to assess that situation. If so, then you can determine whether your vehicle should be moved. Ideally, vehicles should be left safely where they came to rest so that if necessary, they’re in the same position they came to rest for purposes of accident reconstruction in order to determine where liability issues might exist.

So in other words, let the cars remain where they are, if they can be left there safely, so that a determination can be made with respect to who was at fault. But make sure that you’re in a safe location, even if you leave the vehicle where it came to rest. If the vehicles pose a hazard to you or to other people, then of course they should be moved to ensure safety.

In that case, you’ll want to pull them to the shoulder of the road or otherwise out of the way of approaching vehicles. If you can, you’re going to want to also make sure that you turned the hazard lights on. You can prevent further accidents by sending up flares if you have them, especially if it’s dark out. And if your lights aren’t working. You should prepare for things like this by making sure you also have a flashlight in your car at all times so that if you do have to be on the side of the road and it’s dark, you can at least have the light, the flashlight on to make sure oncoming vehicles can see that you’re there so that they can avoid causing further harm.

Next, make sure you keep a cool head, even if you know that the other person is clearly at fault, try not to yell and become angry. If the other person does so, avoid a confrontation or an argument. Don’t assign fault and important, importantly, also, don’t admit guilt to the other persons who are at the scene.

Next, you’re going to want to document the accident. Now, what I mean by that is if your injuries allow you to do so and you have a phone with a camera or video on it or otherwise have a camera or video recorder available, take photos and or videos of the scene.

What you want to depict are the roadway itself and the nearby traffic controls. You want to show the position of the vehicles where they came to rest after the accident. And if they were moved, you want to also show where they were eventually moved. You want to show the damage to the exterior and the interior of the vehicles that were involved. You want to show debris like broken glass. If if there, if there are such, if there is such evidence of debris. You’re also going to want to show skid marks. You want to show the vehicle license plates.

In addition, you want to gather information from witnesses to the accident. The contact information, their names, what they might recall as far as the scene of the accident. Take note of any potential traffic cameras or security cameras in the in the area because they might have actually picked up footage of the accident. One thing you might want to be aware of also is that if there are ATMs, automatic teller machines, nearby don’t rule out the possibility that the cameras in those machines may have actually picked up footage of the accident.

You also want to note the weather and the road conditions. If, if you can’t take pictures, you’ll want to make a diagram while everything is still fresh in your mind or record it on on your your phone with audio, if possible.

Next, call the police. If nobody else has done so, it’s a good idea to call the police, even if it doesn’t appear that there are any serious injuries. You may need to make a police report in order to file a claim with your insurance company, even if it’s just a claim for damage to your vehicle.

The vehicles that are involved in the accident, as I mentioned before, should remain where they are unless they interfere with traffic. That way, when the police arrive, they can make a determination as to how the accident occurred and perhaps assess liability by issuing tickets or traffic citations.

When the police arrive, make sure you tell the officer or the officers exactly what happened. If you don’t know certain facts, tell that to the officer. Don’t speculate, don’t guess. Don’t misstate any of the facts.

If you’re asked if you are injured and you’re not sure, tell them that you’re not sure rather than saying, no, you’re not, not injured. Because often the pain and injuries from the accident don’t become apparent for hours, sometimes even days. So don’t say no or that might be held against you later on when you find out that you’re actually hurting from the accident. You should also make sure that the statements that are made by other persons who were either involved or witnessed the accident are accurate as well.

Be sure to write down the name, the badge number and the agency of the law enforcement officer who responds to your crash and prepares the traffic crash report. Also, make sure you get the report number. You should be able to contact that law enforcement agency within a day or two after the crash and request a copy of the report. In many instances, you’re just going to leave that up to an attorney, assuming that you do hire an attorney to help you, and I’m going to tell you why you should do that in just a moment.

In some states such as Illinois, you also have a legal duty to file a written report with the state’s Department of Transportation. Now, if you’re in a car wreck, when you’re in a different state, it’s best to always call 911 one to make sure that you are compliant with the state laws and to properly document what happened. If the police can’t come to the scene of your accident or if they have to leave before they take a report or they don’t show up because nobody seems to be hurt or the involved vehicles are not blocking traffic, et cetera, don’t panic.

Just make sure you go to the nearest police station and file a report as soon as possible after the accident. Most states allow up to seventy two hours to make a police report, but the laws vary by state. So get there as soon as possible if the police cannot arrive at the scene.

Next, exchange information with the other driver. Now, typically, an investigating officer will obtain that information for you or your insurance company may also do that.

But regardless of whether injuries are seemingly involved or if the police is called, you need to exchange certain relevant information with the other driver. State laws differ on what information you’re expected to exchange, but at very minimum, you’re going to want to get the other driver’s name and insurance information. You should ask to see the other drivers insurance card and if possible, look at that person’s license to confirm that the name and address that they give you are accurate. I’m not suggesting that people don’t give that information accurately, but you can assume that it does occur on occasion.

Also, don’t make any side deals with the other drivers to accept or pay cash for the accident instead of filing an insurance claim. Even if the other driver offers a significant amount of money or claims that they have no auto insurance, it generally creates more problems than it solves. So don’t cut those deals. If they tell you they don’t have insurance coverage again, let an attorney address that issue for you later on.

Important: get emergency medical attention if it’s necessary. All of the other things that I’ve mentioned here may not be addressed immediately if you have acute injuries that require immediate medical attention. Your health and well-being comes first.

Along those lines, don’t reject the emergency care at the scene, nor an ambulance ride to an emergency department if it’s offered or suggested by the emergency personnel who arrive there at the scene.

Even if you think you can tough it out or you can drive yourself to the emergency room, you may find that your injuries are more serious than you thought. And your rejection of care at the scene could later be viewed by an insurance company or even a jury, if it goes that far, as one: an indication that you must not have been injured if you didn’t accept that kind of care or two: you failed to mitigate your damages.

And by that, what I mean is everyone is obligated to do what they can to minimize the impact of damages that they sustain as a result of an accident. So if you don’t get the medical attention that a prudent person would ordinarily allow, that could be held against you. So don’t let that happen.

Next, make sure you report the accident to your own insurance carrier. Even if you weren’t at fault, you’re going to want to alert your insurance carrier to the accident. Many policies require that you report as soon as possible and you cooperate with with them. Otherwise they can deny benefits to which you might be entitled.

Now, why would you care if that’s the case if the other party is at fault? Well, I’ll tell you, because often the other parties insurance is going to delay in paying anything. Even if the other party is at fault, a lot of times their insurance is going to drag their feet. Sometimes there are legitimate reasons for their delay. For instance, they need to conduct their own investigation and speak to their own insured. Other times they’re simply being obstructionist in order to force you to accept a nominal settlement. So you can turn in those instances, you can turn to your own insurance to repair or replace your vehicle and get your rental vehicle if it’s necessary.

And if you have MedPay, medical payments coverage, or PIP, personal injury protection, you may rely on that coverage to pay some of your initial medical bills or at least cover any deductible or copay you may have with, if you have other health insurance options. And don’t feel bad for your own insurance company, that’s what you pay for. And they’re going to be reimbursed in most instances when a recovery is made against the other person’s insurance. So be sure you get in touch with your own insurance carrier so that you can take advantage of any coverage that you have.

Also, make sure you follow up and we talked about the emergency attention, but follow up with medical care and treatment. Whether you seek emergency care or not, after the accident, the chances are you’re going to feel the effects of an accident in the hours or days that follow. Don’t delay, seek the appropriate care and treatment. Sometimes that will be emergency care. Sometimes that may require a visit with a family doctor or a chiropractor. And then once you’re seen by an initial treatment provider, there might be a determination made that you need further follow up with other treaters like physical therapists, orthopedist, neurologists, et cetera.

Also, keep in mind that if you lost consciousness or were dazed for even a short period of time following a collision that you may have suffered a concussion or a closed head injury. This can cause cognitive and behavioral changes if it’s not treated properly. So be sure to get that proper follow up.

Next issue to discuss, do not help the other person’s insurance company. You have an obligation to cooperate with your own insurance company, but there’s no such obligation with respect to the other driver’s insurance company.

That company representative may certainly reach out to you and attempt to get a recorded statement. Don’t do that. It may appear to be innocuous. It may appear to be innocent. But even though it may not lead to problems, it certainly can. Their job, bear this in mind, their job is always to minimize that insurance companies obligation to pay compensation to you. And they’re going to frame questions and information in the way best suited to do that.

So similarly, don’t sign anything that they ask you to sign. Don’t sign medical authorizations, don’t sign release forms. They may tell you that they need an authorization in order to review and pay your medical bills. However, they’re often going to use those authorizations to dig into your past medical history in order to argue that your injuries are related to something other than the accident. All information should be provided to that insurance company, via an experienced attorney who is representing you. And we’re going to talk about that again in a moment.

I do want to point out, however, that sometimes the insurance company that represents you is also the insurance company that represents the other party. So in those instances, you do, it’s kind of odd, because you do have an obligation to speak to the adjuster who is assigned on your policy, but you don’t have any obligation, and again, what I just outlined applies when it is the adjuster who is assigned for the other party’s policy, even though there is, it’s the same company, they’re supposed to keep those claims issues separate and apart.

That, again, is why it is important to speak to an attorney and make sure that you are compliant with your obligations under your own coverage, but you are not giving up opportunities to make arguments for compensation under the other person’s coverage.

So, as I mentioned, speak to an attorney. If your injuries warrant the attention of a treatment provider, they likely also warrant the attention of an attorney.

There are so many things that can go wrong when an accident victim tries to go it alone. As an accident victim, you’re not going to know what you’re obligated to provide to insurance carriers, nor are you going to know what you’re entitled to receive in the way of compensation. That creates an environment that allows accident victims to be exploited by greedy and unscrupulous insurance companies. And I’m not saying that all companies are that way, nor am I saying all adjusters are that way.

But the insurance industry hasn’t become a trillion dollar industry by willingly giving everyone the compensation to which they’re entitled. Their job is to try to resolve claims for as little as possible while they accept the premiums from their insureds. So an experienced injury attorney will know how to gather the necessary information, ensure that you get reasonable and necessary medical care or other care and treatment, and make sure that you’re properly compensated for your medical bills, your lost wages, your out of pocket expenses, property damage, pain and suffering and other damages.

To help your attorney get you that proper compensation, be sure that you’re also keeping a journal and or a file of your accident and treatment. Write down your memories of what happened in the accident, while those details are still fresh in your mind. Keep a journal that records your injuries and the way they’ve impacted your normal life activities. It’s also a good idea to keep a file in which you can store copies of medical bills and other receipts, accident reports, work records and correspondence between you and the insurance company representatives. Now, good attorney is also going to gather that from the sources, but it doesn’t hurt for you to start gathering that right away.

Also, make sure that you keep all of your treatment appointments and don’t do anything inconsistent with your care. Insurance companies will be watching. As I mentioned before, you have a duty to mitigate your damages. If you fail to keep your treatment appointments, there’s an argument that can be made that if you had done so, if you had properly treated, your injuries would not have been as, as difficult to deal with, they would have resolved quicker, et cetera. So you need to mitigate those damages by making sure that you are keeping those appointments.

You also don’t want to do anything inconsistent with your care, as I mentioned. So if you have a neck injury, it doesn’t make sense for you to try to go out bowling. And then, of course, somebody may post a photo of you enjoying yourself bowling. That’s obviously very inconsistent with your injuries and the care that your treatment provider may be attempting to provide.

Along those similar lines, do not share your case with other people. While you might be able to discuss what happened with your family, you should be cautious about talking to others about your accident, because conversations with friends or with the general public are not protected by confidentiality privileges. So specifically, never discuss your cra, crash or your injuries or your treatment or your dealings with the insurance company on social media.

So don’t post on Facebook, don’t post on Twister, Twitter or any other social media, because those posts and those comments can be used by the other side, if the case goes to trial, they can be admissible and they can be used against you. So be sure to avoid that.

I hope this information was useful. If you’ve been injured in a car accident, again, it’s extremely important that you get a personal injury attorney on board as soon as possible. I’m not here to solicit cases, but if you have any questions or need help with the car accident, feel free to contact me directly or contact VanDerGinst Law at 800-960-8529 or info@vlaw.com.

As with most, as with most personal injury attorneys, consultations are free and there’s never an attorney fee unless we get you compensation.

Thank you for listening to Legal Squeaks. Again, if you haven’t already done so, please register, subscribe, review and or like Legal Squeaks on your favorite podcast platform. You can check out the video recording of this podcast and other episodes at legalsqueaks.com. Also, please be sure to check out our other podcast, Uncommon Convos.

Look for us next week when we will have some more important legal and consumer information on Legal Squeaks. In the meantime, have a great day. Stay safe. And I love you all.

Hi there. Welcome to Legal Squeaks. I’m your host, Dennis VanDerGinst. And before we start discussing today’s topic, I’d like to ask you to please make sure you register or subscribe to Legal Squeaks on your favorite podcast platform.

It’s easy to do and it’s absolutely free. By doing so, you’ll be notified every time a new episode becomes available. And it also helps us track how successful we are with our content. You’ll also be able to view this podcast and all of our episodes at legalsqueaks.com.

So today’s topic is an important one. It’s what to do if you’re involved in a car accident. More than 10 million car and light truck crashes occur in the United States each year.

And even though there are fewer cars on the road since the Covid pandemic, in fact, 16 percent fewer, according to some sources, it’s ironic, but fewer drivers has actually led to more speeding to the tune of 27% increase and also hard braking incidents, up 25% as well as phone usage while driving, which is up 38%.

So the volume of car accidents hasn’t decreased, even though there are fewer cars on the road. The chances are that you or a close friend or family member has either been in a car accident at some point or will be in the future, even if it’s just a fender bender.

And when accidents like that happen, it’s easy to get anxious and stress. Adrenaline can prompt you to do things and say things that you should avoid. So it’s good to know in advance what you should do if you’re ever in that situation. So that’s what we’re going to talk about today.

The first thing is, as I mentioned, the adrenaline can get you pumped up. You want to try to remain calm. You won’t be able to make the important steps necessary in addressing the issues unless you are as calm as possible under the circumstances.

Always be sure to stop, first of all, when you’re in accident, don’t drive away from the scene of an accident, even if it’s a minor accident, because first of all, you may be overlooking opportunities to pursue compensation if you’ve sustained property damage or injury. And secondly, you could be facing criminal penalties, especially if you’re partially to blame in causing the accident. So always make sure you stop.

Once you’re stopped, first thing to do is check for injuries. Check yourself, check any of the passengers in your vehicle to see if there are any visible injuries and then call 911 one or ask someone else to do so if it appears that anyone is hurt, either in your vehicle or another vehicle that’s been involved in the accident. If you’re seriously injured, try not to move until help arrives to attend to your injuries.

Next, you want to determine what to do with your your vehicle. Now, that, of course, presupposes that your injuries allow you to assess that situation. If so, then you can determine whether your vehicle should be moved. Ideally, vehicles should be left safely where they came to rest so that if necessary, they’re in the same position they came to rest for purposes of accident reconstruction in order to determine where liability issues might exist.

So in other words, let the cars remain where they are, if they can be left there safely, so that a determination can be made with respect to who was at fault. But make sure that you’re in a safe location, even if you leave the vehicle where it came to rest. If the vehicles pose a hazard to you or to other people, then of course they should be moved to ensure safety.

In that case, you’ll want to pull them to the shoulder of the road or otherwise out of the way of approaching vehicles. If you can, you’re going to want to also make sure that you turned the hazard lights on. You can prevent further accidents by sending up flares if you have them, especially if it’s dark out. And if your lights aren’t working. You should prepare for things like this by making sure you also have a flashlight in your car at all times so that if you do have to be on the side of the road and it’s dark, you can at least have the light, the flashlight on to make sure oncoming vehicles can see that you’re there so that they can avoid causing further harm.

Next, make sure you keep a cool head, even if you know that the other person is clearly at fault, try not to yell and become angry. If the other person does so, avoid a confrontation or an argument. Don’t assign fault and important, importantly, also, don’t admit guilt to the other persons who are at the scene.

Next, you’re going to want to document the accident. Now, what I mean by that is if your injuries allow you to do so and you have a phone with a camera or video on it or otherwise have a camera or video recorder available, take photos and or videos of the scene.

What you want to depict are the roadway itself and the nearby traffic controls. You want to show the position of the vehicles where they came to rest after the accident. And if they were moved, you want to also show where they were eventually moved. You want to show the damage to the exterior and the interior of the vehicles that were involved. You want to show debris like broken glass. If if there, if there are such, if there is such evidence of debris. You’re also going to want to show skid marks. You want to show the vehicle license plates.

In addition, you want to gather information from witnesses to the accident. The contact information, their names, what they might recall as far as the scene of the accident. Take note of any potential traffic cameras or security cameras in the in the area because they might have actually picked up footage of the accident. One thing you might want to be aware of also is that if there are ATMs, automatic teller machines, nearby don’t rule out the possibility that the cameras in those machines may have actually picked up footage of the accident.

You also want to note the weather and the road conditions. If, if you can’t take pictures, you’ll want to make a diagram while everything is still fresh in your mind or record it on on your your phone with audio, if possible.

Next, call the police. If nobody else has done so, it’s a good idea to call the police, even if it doesn’t appear that there are any serious injuries. You may need to make a police report in order to file a claim with your insurance company, even if it’s just a claim for damage to your vehicle.

The vehicles that are involved in the accident, as I mentioned before, should remain where they are unless they interfere with traffic. That way, when the police arrive, they can make a determination as to how the accident occurred and perhaps assess liability by issuing tickets or traffic citations.

When the police arrive, make sure you tell the officer or the officers exactly what happened. If you don’t know certain facts, tell that to the officer. Don’t speculate, don’t guess. Don’t misstate any of the facts.

If you’re asked if you are injured and you’re not sure, tell them that you’re not sure rather than saying, no, you’re not, not injured. Because often the pain and injuries from the accident don’t become apparent for hours, sometimes even days. So don’t say no or that might be held against you later on when you find out that you’re actually hurting from the accident. You should also make sure that the statements that are made by other persons who were either involved or witnessed the accident are accurate as well.

Be sure to write down the name, the badge number and the agency of the law enforcement officer who responds to your crash and prepares the traffic crash report. Also, make sure you get the report number. You should be able to contact that law enforcement agency within a day or two after the crash and request a copy of the report. In many instances, you’re just going to leave that up to an attorney, assuming that you do hire an attorney to help you, and I’m going to tell you why you should do that in just a moment.

In some states such as Illinois, you also have a legal duty to file a written report with the state’s Department of Transportation. Now, if you’re in a car wreck, when you’re in a different state, it’s best to always call 911 one to make sure that you are compliant with the state laws and to properly document what happened. If the police can’t come to the scene of your accident or if they have to leave before they take a report or they don’t show up because nobody seems to be hurt or the involved vehicles are not blocking traffic, et cetera, don’t panic.

Just make sure you go to the nearest police station and file a report as soon as possible after the accident. Most states allow up to seventy two hours to make a police report, but the laws vary by state. So get there as soon as possible if the police cannot arrive at the scene.

Next, exchange information with the other driver. Now, typically, an investigating officer will obtain that information for you or your insurance company may also do that.

But regardless of whether injuries are seemingly involved or if the police is called, you need to exchange certain relevant information with the other driver. State laws differ on what information you’re expected to exchange, but at very minimum, you’re going to want to get the other driver’s name and insurance information. You should ask to see the other drivers insurance card and if possible, look at that person’s license to confirm that the name and address that they give you are accurate. I’m not suggesting that people don’t give that information accurately, but you can assume that it does occur on occasion.

Also, don’t make any side deals with the other drivers to accept or pay cash for the accident instead of filing an insurance claim. Even if the other driver offers a significant amount of money or claims that they have no auto insurance, it generally creates more problems than it solves. So don’t cut those deals. If they tell you they don’t have insurance coverage again, let an attorney address that issue for you later on.

Important: get emergency medical attention if it’s necessary. All of the other things that I’ve mentioned here may not be addressed immediately if you have acute injuries that require immediate medical attention. Your health and well-being comes first.

Along those lines, don’t reject the emergency care at the scene, nor an ambulance ride to an emergency department if it’s offered or suggested by the emergency personnel who arrive there at the scene.

Even if you think you can tough it out or you can drive yourself to the emergency room, you may find that your injuries are more serious than you thought. And your rejection of care at the scene could later be viewed by an insurance company or even a jury, if it goes that far, as one: an indication that you must not have been injured if you didn’t accept that kind of care or two: you failed to mitigate your damages.

And by that, what I mean is everyone is obligated to do what they can to minimize the impact of damages that they sustain as a result of an accident. So if you don’t get the medical attention that a prudent person would ordinarily allow, that could be held against you. So don’t let that happen.

Next, make sure you report the accident to your own insurance carrier. Even if you weren’t at fault, you’re going to want to alert your insurance carrier to the accident. Many policies require that you report as soon as possible and you cooperate with with them. Otherwise they can deny benefits to which you might be entitled.

Now, why would you care if that’s the case if the other party is at fault? Well, I’ll tell you, because often the other parties insurance is going to delay in paying anything. Even if the other party is at fault, a lot of times their insurance is going to drag their feet. Sometimes there are legitimate reasons for their delay. For instance, they need to conduct their own investigation and speak to their own insured. Other times they’re simply being obstructionist in order to force you to accept a nominal settlement. So you can turn in those instances, you can turn to your own insurance to repair or replace your vehicle and get your rental vehicle if it’s necessary.

And if you have MedPay, medical payments coverage, or PIP, personal injury protection, you may rely on that coverage to pay some of your initial medical bills or at least cover any deductible or copay you may have with, if you have other health insurance options. And don’t feel bad for your own insurance company, that’s what you pay for. And they’re going to be reimbursed in most instances when a recovery is made against the other person’s insurance. So be sure you get in touch with your own insurance carrier so that you can take advantage of any coverage that you have.

Also, make sure you follow up and we talked about the emergency attention, but follow up with medical care and treatment. Whether you seek emergency care or not, after the accident, the chances are you’re going to feel the effects of an accident in the hours or days that follow. Don’t delay, seek the appropriate care and treatment. Sometimes that will be emergency care. Sometimes that may require a visit with a family doctor or a chiropractor. And then once you’re seen by an initial treatment provider, there might be a determination made that you need further follow up with other treaters like physical therapists, orthopedist, neurologists, et cetera.

Also, keep in mind that if you lost consciousness or were dazed for even a short period of time following a collision that you may have suffered a concussion or a closed head injury. This can cause cognitive and behavioral changes if it’s not treated properly. So be sure to get that proper follow up.

Next issue to discuss, do not help the other person’s insurance company. You have an obligation to cooperate with your own insurance company, but there’s no such obligation with respect to the other driver’s insurance company.

That company representative may certainly reach out to you and attempt to get a recorded statement. Don’t do that. It may appear to be innocuous. It may appear to be innocent. But even though it may not lead to problems, it certainly can. Their job, bear this in mind, their job is always to minimize that insurance companies obligation to pay compensation to you. And they’re going to frame questions and information in the way best suited to do that.

So similarly, don’t sign anything that they ask you to sign. Don’t sign medical authorizations, don’t sign release forms. They may tell you that they need an authorization in order to review and pay your medical bills. However, they’re often going to use those authorizations to dig into your past medical history in order to argue that your injuries are related to something other than the accident. All information should be provided to that insurance company, via an experienced attorney who is representing you. And we’re going to talk about that again in a moment.

I do want to point out, however, that sometimes the insurance company that represents you is also the insurance company that represents the other party. So in those instances, you do, it’s kind of odd, because you do have an obligation to speak to the adjuster who is assigned on your policy, but you don’t have any obligation, and again, what I just outlined applies when it is the adjuster who is assigned for the other party’s policy, even though there is, it’s the same company, they’re supposed to keep those claims issues separate and apart.

That, again, is why it is important to speak to an attorney and make sure that you are compliant with your obligations under your own coverage, but you are not giving up opportunities to make arguments for compensation under the other person’s coverage.

So, as I mentioned, speak to an attorney. If your injuries warrant the attention of a treatment provider, they likely also warrant the attention of an attorney.

There are so many things that can go wrong when an accident victim tries to go it alone. As an accident victim, you’re not going to know what you’re obligated to provide to insurance carriers, nor are you going to know what you’re entitled to receive in the way of compensation. That creates an environment that allows accident victims to be exploited by greedy and unscrupulous insurance companies. And I’m not saying that all companies are that way, nor am I saying all adjusters are that way.

But the insurance industry hasn’t become a trillion dollar industry by willingly giving everyone the compensation to which they’re entitled. Their job is to try to resolve claims for as little as possible while they accept the premiums from their insureds. So an experienced injury attorney will know how to gather the necessary information, ensure that you get reasonable and necessary medical care or other care and treatment, and make sure that you’re properly compensated for your medical bills, your lost wages, your out of pocket expenses, property damage, pain and suffering and other damages.

To help your attorney get you that proper compensation, be sure that you’re also keeping a journal and or a file of your accident and treatment. Write down your memories of what happened in the accident, while those details are still fresh in your mind. Keep a journal that records your injuries and the way they’ve impacted your normal life activities. It’s also a good idea to keep a file in which you can store copies of medical bills and other receipts, accident reports, work records and correspondence between you and the insurance company representatives. Now, good attorney is also going to gather that from the sources, but it doesn’t hurt for you to start gathering that right away.

Also, make sure that you keep all of your treatment appointments and don’t do anything inconsistent with your care. Insurance companies will be watching. As I mentioned before, you have a duty to mitigate your damages. If you fail to keep your treatment appointments, there’s an argument that can be made that if you had done so, if you had properly treated, your injuries would not have been as, as difficult to deal with, they would have resolved quicker, et cetera. So you need to mitigate those damages by making sure that you are keeping those appointments.

You also don’t want to do anything inconsistent with your care, as I mentioned. So if you have a neck injury, it doesn’t make sense for you to try to go out bowling. And then, of course, somebody may post a photo of you enjoying yourself bowling. That’s obviously very inconsistent with your injuries and the care that your treatment provider may be attempting to provide.

Along those similar lines, do not share your case with other people. While you might be able to discuss what happened with your family, you should be cautious about talking to others about your accident, because conversations with friends or with the general public are not protected by confidentiality privileges. So specifically, never discuss your cra, crash or your injuries or your treatment or your dealings with the insurance company on social media.

So don’t post on Facebook, don’t post on Twister, Twitter or any other social media, because those posts and those comments can be used by the other side, if the case goes to trial, they can be admissible and they can be used against you. So be sure to avoid that.

I hope this information was useful. If you’ve been injured in a car accident, again, it’s extremely important that you get a personal injury attorney on board as soon as possible. I’m not here to solicit cases, but if you have any questions or need help with the car accident, feel free to contact me directly or contact VanDerGinst Law at 800-960-8529 or info@vlaw.com.

As with most, as with most personal injury attorneys, consultations are free and there’s never an attorney fee unless we get you compensation.

Thank you for listening to Legal Squeaks. Again, if you haven’t already done so, please register, subscribe, review and or like Legal Squeaks on your favorite podcast platform. You can check out the video recording of this podcast and other episodes at legalsqueaks.com. Also, please be sure to check out our other podcast, Uncommon Convos.

Look for us next week when we will have some more important legal and consumer information on Legal Squeaks. In the meantime, have a great day. Stay safe. And I love you all.

Anyone can make that kind of statement.  But can they prove it?  We can.  VanDerGinst Law is one of the only law firms in the country to have been awarded the Better Business Bureau’s Torch Award for Ethics.

We have also been awarded the Client’s Choice Award from Avvo Lawyer Rating Service and the Client Champion Award from Martindale-Hubbell Attorney Rating Service.

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Our personal injury attorneys can assist you with just about every type of injury related claim, including but not limited to car accidents,  truck accidents, motorcycle accidents, worker’s compensation, slip and fall accidents, dog attacks, injuries caused by dangerous or faulty products, medical negligence, boating accidents, plane accidents, railway accidents, construction accidents, wrongful death,  and just about any other accident caused by negligence or the wrongdoing of another.

With over thirty years of experience and having represented over 50,000 injured clients, VanDerGinst Law understands what you are going through. We can relieve your worries and stress and get you the compensation you deserve.

Don’t delay, contact us today. Click here or call 800-797-5391 for a FREE, no obligation consultation.

They say a good lawyer knows the law, but a great lawyer knows the judge! At VanDerGinst Law we know injury law.  We have represented over 50,000 injury victims over the years. But we also know the judges, lawyers, medical providers, and insurance adjusters who are involved in injury claims and lawsuits!

We have made record recoveries for a variety of different types of injury cases.  We have been recognized by peers, clients, and other professionals as among the best in the country in personal injury law.

We recover millions of dollars for injury victims each year.  We will fight hard to get you the money you deserve!

(CLICK HERE TO SEE SOME OF OUR AWARDS AND ACCOLADES)

With national resources and local connections, our personal injury attorneys can get you the maximum compensation for your personal injury claim.

Our Personal Injury Lawyers Also Have the Inside Track into The Insurance Industry.  We do not, and never will, represent insurance companies, thus always ensuring that we never have a conflict of interest in representing our injury clients.  But we employ former insurance adjusters and insurance defense lawyers who know the tricks of the trade.  We put that knowledge to work for you!

If you have suffered serious injuries, you need a personal injury law firm that focuses on injury law, rather than a lawyer who occasionally “dabbles”.  The practice of law is a lot like the practice of medicine. There are practitioners who have “general” practices and others who specialize.

At VanDerGinst Law we focus on injury law.

We are not saying that general practice lawyers cannot handle an occasional injury claim. But, if you needed brain surgery you would see a brain surgeon, not the family doctor, nor a gynecologist. By the same token, you can feel completely confident that you will be in good hands with the personal injury lawyers of VanDerGinst Law.

We can expertly handle ANY injury case that comes our way.

At VanDerGinst Law we handle personal injury cases on a contingent fee basis.  That means that if we fail in getting you money for your injuries, there is NO ATTORNEY FEE.  You will NEVER be out of pocket a penny.  We do not get paid unless and until you do.  Our fee is a percentage of the amount recovered. The percentage depends on the type of case we handle and whether the case must be litigated.  But it is never more than 40% of the recovery and is usually between 20% and one third.

Additionally, even though other personal injury lawyers say they charge a contingent fee, they may also require a retainer fee for costs (for filing fees, expert fees, court reporter fees, postage, records, etc.)  That can often be hundreds, even thousands of dollars.  At VanDerGinst Law we charge NO RETAINER FEE on injury cases.  We forward all costs necessary to pursue your claim.

We know how devastating serious injuries can be.  You may be suffering pain and incurring medical bills.  You may not be able to work due to your injuries.  The personal injury claims process can be agonizing, confusing and frustrating. The last thing you need is to hassle with medical providers, insurance carriers and adjusters.

Let VanDerGinst Law handle the stress and mess so you can concentrate on getting better!

We make opening a personal injury case as quick and convenient as possible.  You can visit one of our convenient office locations, or if you prefer, we can come to you.

We can also open most files right on the phone or online! Video conferencing is also available!

We are available 24/7 every day of the year! Simply click here or call 800-797-5391

We do whatever is reasonably necessary to open your file as quickly and easily as possible.  Once we open your file, we take immediate action to investigate and position your case to get the maximum compensation you deserve.

Many law firms require injury clients to track down medical and other documents.  At VanDerGinst Law our Personal Injury Lawyers and professional staff do all the work necessary to document your injuries.  We obtain all the records from medical providers.  We coordinate health insurance, Medicare, Medicaid, medical payment insurance, and any other benefits which may apply to your case.  We negotiate with the insurance adjuster and other representatives of the opposing party.  We do our best to position your case for the best settlement possible.  If the opponent doesn’t offer a reasonable settlement, our highly experienced personal injury attorneys are prepared to do battle in court, where we will fight hard to get you the best result.