5 Things You Should Do After a Wreck

If you have recently been involved in a Car Wreck, it is not unusual to have questions:

• What Should I Do?
• Do I Need to Talk To Someone?
• How Do I Make a Claim?
• How Long Do I Have?

Those are all normal, expected questions. Navigating a sometimes complex legal system can be confusing. We’re here to help – Danny Glover

1. Get Healthy

After a collision, especially one involving injuries, the most important thing to do is seek immediate medical treatment.

Focus first on getting healthy.

Do NOT try to “tough it out.” Go see a Doctor without delay. Not only will you feel better, you will better protect any claim or claims you may have against the party whom caused the injuries.

Insurance Companies look for reasons to challenge paying Claims.

Delaying medical attention could call into question whether the injuries sustained were related to the wreck or something else.

Legal Professionals refer to such issues as Clear Liability and Proximate Cause.

Indeed, injuries may be worsened by waiting to begin treatment. Failure to seek immediate medical care could extend the length of time of recovery.

Do not take a chance. Go see a doctor now.

2. Make Your Online Profiles PRIVATE

Everyone loves to share things that happen to them on-line nowadays. Whether it is a birthday party, or long-awaited vacation, or even a car wreck with a trip to the Emergency Room, people regularly post on Social Media such as Facebook, Instagram, Twitter, Google+ and the like.

Insurance Companies know that. . .and they take advantage of the opportunity to gather information about you.

Therefore, take the simple step of making your accounts PRIVATE, where only your friends and family can see what you post.

Here’s what Richard Harer, Vice President of Specialized Investigations says:

Social networking research and investigation is a required tool

Understand, if a case goes to litigation, it is not unusual for lawyers for the insurance company to request the disclosure of information via a process called Discovery.

They may ask for copies of the Social Profiles, your posts, pictures, and comments associated with your wreck.

If you feel compelled to post something, realize this: A Jury may at some point review what you wrote or posted.

That is true even if you make your posts Private.

See More: How Insurance Companies View Claims

3. Write Down What Happened

We recommend you write down everything that happened before and after a wreck.

That serves two purposes:

• It will serve as your memory as time passes
• It will help in the recovery process, as you will not worry about having to remember everything

This simple step may seem a bit odd. “Of course I will remember everything. It was a very traumatic event for me. I’ll never forget what happened.”

The truth of the matter is, memories do fade over time.

If it takes a long time to get healthy again, you may not remember all the little things you missed in the process.

Cases that end ultimately in litigation can take a substantial amount of time to reach Court.

If you have detailed notes, it is much more convincing to explain why you saw a Doctor or went to Physical Therapy.

See More: Writing Things Down Really Will Make You Feel Better

Writing everything down serves as your memory; but, it also does something else that is equally important.

What many people do not realize is that a wreck can be a traumatic, life-changing event.

Our minds can work in odd ways. We can add to our own level of stress, worrying about what happened and the need to remember things.

When you write something down, it serves as a type of mental release.

You allow yourself to stop thinking about an event. You “got it out of you.” You start to relax. You are able to focus on other things, like getting well.

And believe it or not, you may actually start to remember other things that happened once you start writing.

4. Get Witness Information, NOW

As stated, sometimes cases involving car wrecks take time to settle. If a lawsuit is required and litigation ensues, people whom saw the wreck may need to come to Court.

Do NOT assume just because the police wrote down what happened in an accident report that will suffice as proof.

More often than not, Live Testimony is preferable in Court.

People move. They get new jobs. They change telephone numbers and addresses.

Get as much information about your witnesses NOW, when you still have access to that information.

Obviously be nice about things. While one would not expect to need to give their entire life history, most people are willing to share their:

• Full Name
• Permanent Mailing Address
• Telephone Number
• eMail Address
• Place of Employment

Getting that information now may also increase the speed in which a claim may be made.

See More: Why Do We Forget Things and People?

Most assuredly the Insurance Carrier will want to speak with witnesses and determine what they had an opportunity to observe.

It makes sense then to have that information handy from the outset.

See More: Denying Coverage and Risk Assessment of Bad Faith

5. Talk to an Attorney, Do NOT Talk to the Carrier

Lawyers are not required in every instance; but, in that most Personal Injury or Wreck Attorneys provide a confidential consultation, free of charge, it does not hurt to get information.

In North Carolina you are NOT required to give a Recorded Statement.

That is frankly often misunderstood by some insurance adjusters.

You are only required to “cooperate” with your Insurance Company and their representatives.

You are NOT required to assist the Insurance Company responsible for the wreck. In fact, their interests are directly contrary to yours.

That may not seem fair. . .but that is how it works.

Lawyers can help explain your rights and what you are required and not required to do. That’s what we do: We Help People – Danny Glover

Talking to or “consulting” with a Lawyer does not require you to retain their services.

In some cases, an attorney is not required.

Unfortunately, in many cases lawyers get involved because people feel they are not being treated fairly by an Insurance Company or Adjuster.

Remember, settling a claim is a business decision for the carrier responsible to pay for damages.

They are in the business of getting out of claims as quickly and as inexpensively as possible.

They are not in the business of making certain you are completely healthy.

They also are not required to “do the right thing” or be fair.

That’s why we have Courts and that is why some matters end in litigation. The Insurance Company or the person whose negligence caused the wreck does not want to take full responsibility.

If you are looking for a Plaintiff’s Personal Injury Lawyer, we encourage you to do your homework.

Check out their credentials.

Ask Questions.

Find out their level of experience and what they do to help people.

Take your time.

If you have questions the attorneys at Glover Law Firm are here to help.

Call Danny Glover now for a free consultation.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice

What is Elder Abuse? Is There Such a Thing as Nursing Home Litigation? Protect Your Loves Ones by Reporting Nursing Home Negligence According to Face the Facts USA, approximately 1.3 million elderly Americans currently reside in nursing homes. Nursing homes provide individuals with 24-hour access to medical intervention and care in an environment where the hazards present in a home setting, such as falling and fire hazards, are not present. For an individual who can no longer care for himself or herself, a nursing home should provide a safe, stable environment.

• Two in three nursing home residents are female
• As of 2010, 16,639 nursing homes and 52,681 board and care homes operate in the United States
• These facilities provide a total of 2,948,660 beds
• Between 1999 and 2001, one in three nursing homes were cited for violations of federal care standards;

Help End Nursing Home Negligence. . .Report It – Danny Glover

Because our population is aging rapidly and the demand for nursing home bed spaces and resources grows every year, caregivers often become overwhelmed and exhausted, leading to cases of nursing home neglect. Neglect is a form of abuse and along with other types of abuse, like financial exploitation and physical abuse, it puts nursing home residents in danger of illness and injury. If your loved one currently resides in a nursing home in Eastern North Carolina, you need to be his or her advocate. If you feel he or she is being neglected by caretakers there, it is up to you to file a nursing home neglect report and work with an experienced nursing home abuse attorney to seek justice for your loved one. By knowing how to recognize and report neglect and other forms of abuse, you can protect your loved one from harm.

MORE INFO ABOUT: Nursing Home Negligence

How to Report Elder Abuse

If you have reason to believe that your loved one is being neglected or abused in his or her nursing home, you should report your suspicion to the Adult Protective Services of the state where the nursing home is located, as suggested by the Administration on Aging. Adult Protective Services exists to prevent the abuse and exploitation of adults who can not protect themselves.

If your loved one is in immediate danger, call 911 to report the situation to local law enforcement. If he or she is not in immediate danger, Adult Protective Services will review your report and if necessary, assign a caseworker to investigate the case. If it finds that abuse has occurred, the agency will work with local agencies to provide the aid that your loved one needs. As the case progresses, keep your attorney updated about Adult Protective Services’ findings and discuss all possibilities for your case. Your attorney will advise you about your legal options and your relative’s rights as a victim.

Reporting Nursing Home Abuse

If you have a loved one currently residing in a nursing home or assisted living facility, it is important that you understand the scope of the nursing home abuse problem in the United States. A recent report by the National Center on Elder Abuse showed the following statistics:

• In a 2000 study of American nursing homes, 44 percent of residents said they had been abused and 95 percent reported they had been neglected or witnessed another resident suffer from neglect;
• More than half of nursing home staff members surveyed admitted to mistreating residents, with the majority of these mistreatment cases involving neglect; and
• In a survey of certified nursing assistants (CNAs), 17 percent admitted to pushing, grabbing, or shoving residents. 51 percent admitted to yelling at residents and 23 percent reported they had sworn at or insulted residents.

Nursing home abuse comes in many forms. The report discussed six types of abuse that can occur in a nursing home:

• Physical abuse;
• Sexual abuse;
• Financial exploitation;
• Gross neglect;
• Psychological abuse;
• Resident to resident abuse.

In both nursing homes and board and care facilities, physical abuse was the most widely-reported type, comprising 29 percent and 25 percent of reports respectively. In nursing homes, abuse by other residents was the second most prevalent type of abuse reported. In board and care facilities, psychological abuse held this position. Sexual abuse and financial exploitation were tied for the least common complaints in nursing homes. In board and care facilities, sexual abuse was the least common type of abuse reported.

MORE INFO ABOUT: Attorney Danny Glover

Nursing Home Neglect

According to the report by Face the Facts USA, 70 percent of nursing home residents rely on Medicaid to cover the cost of their care. Medicaid/Medicare also certifies nursing homes, which subjects these facilities to regular inspections by Medicaid/Medicare.

According to the North Carolina Division of Health Service Regulation (NC DHSR) Nursing Home Licensure and Certification Section, not all nursing homes in the state are certified by Medicaid/Medicare. Medicaid/Medicare only has the authority to impose civil penalties on the homes that it certifies when it finds violations during these inspections.

Although nursing homes are not required to be certified by Medicaid/Medicare, they are required to be licensed by the North Carolina Division of Health Service Regulation (NC DHSR) Nursing Home Licensure and Certification Section.

You can find out whether a facility is certified by Medicaid/Medicare by searching on the NC DHSR’s website. On this website, you can find whether a particular facility offers certain resources, how inspections are posted, whether the facility has faced penalties in the past, its star rating, and any deficiencies present with the facility. By learning all you can about the facilities available for your loved one, you can make an informed decision about his or her long-term care.

Work with Elder Abuse Attorneys in Elizabeth City OBX and North Eastern North Carolina

If your loved one has suffered from neglect or any other type of abuse in his or her nursing home, work with an experienced elder abuse attorney to file a claim and seek justice for your relative. At Glover Law Firm, we take every report of alleged nursing home abuse seriously and dedicate ourselves to getting our clients the compensation they need for their losses. Do not wait to begin working with us – if your loved one is a victim of abuse or neglect, he or she deserves justice. Contact us today.