Alkalay & Smillie, PLLC

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Attorney Edward Alkalay writes a regular column for the Conway Daily Sun newspaper entitled "The Legal Corner." His articles address a wide variety of timely legal issues. Click on the titles below to review his past articles.
 

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The Legal Corner: What every accident victim needs to know, part II

Over the past two weeks, I have received many questions and comments about my last article involving things that you should be aware of if you are a victim of an accident. Many of the communications raised issues that I had not addressed, so I have decided to supplement my previous article with additional information.

After a car accident, you will obviously have a lot of things to think about. You may have instant pain that demands immediate attention, or pain that arises the following morning or even later. You may have to miss work. You may have financial pressures. And, of course, as discussed in my last article, you may have an insurance adjustor contacting you and trying to resolve your case even before you know the extent of your injury.

Coupled with my article last week, these additional steps will help:

Listen to you doctor. Some patients abandon their physical therapy before completion. Others do not follow the directions of their doctor. Your doctor knows the complications that could result from your injury, including the possibility of a permanent injury. Follow his or her advice and direction.

Keep a careful record of all of your time and wages lost from work. Additionally, keep a record of all other expenses incurred from the accident as well (i.e. mileage to doctors’ appointments etc.). If your injuries prevent you from returning to work for a period of time, ask your doctor for a note to give to your employer and keep a record for yourself. Likewise, keep track of any time taken by others to help look after you.

Keep a folder with all the bills, receipts and/or records of any expenses related to the car accident. Save everything – emergency room costs, medication bills, physical therapy bills, etc. In addition, save receipts for any non-prescription items that you need to purchase, such as pain relievers, braces, bandages, and other items.

Pay attention to the emotional as well as the physical toll of the accident. Many people experience flashbacks, sleepless nights, anxiety or other such problems. You should keep a diary of these problems so that you do not forget. Additionally, you should ask your doctor for a referral to a psychologist if these symptoms persist.

As mentioned, keep a written record of your experiences, such as activities that you used to have no problem doing that you either can no longer do or are having trouble doing. Detail your injury’s affect on your ability to exercise, socialize, play with your children, or other such activities.

Some people are hesitant to go to lawyers for help. Others are anti-lawyer and feel that there are too many lawsuits. Whether or not this is the case, pursuing compensation for being the victim of an accident is not frivolous like certain other cases that we have all read about. Car insurance exists, in part, because everyone recognizes the legitimacy of a victim’s right to recover damages.

Simply stated, it makes sense to talk to a lawyer if you are an accident victim. No lawyer can force you to pursue a lawsuit if you are not comfortable doing so. In addition, few, if any, lawyers charge for an initial consultation with a victim of a car accident. If you decide that a particular lawyer is not for you, or if you simply do not want to file a lawsuit for your own personal reasons, this is solely your choice. However, it does make sense to at least consult with an experienced lawyer before making your decision, especially in light of all of the resources that insurance companies put into trying to prevent any recovery at all.

Edward D. Alkalay is a partner at Alkalay & Smillie PLLC and can be reached at (603)447-8994 or ed@northconwaylawyers.com. (This article conveys general information and should not be relied on for legal advice without further research and/or consultation with an attorney.)

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