In Alaska, accident victims are often entitled to recover damage by filing an injury claim or lawsuit. However, what you do – or do not do – after the incident and when filing your claims can affect the outcome of your personal injury claims and the amount of compensation that might be available to you. For this reason, consulting with an experienced Alaska personal injury attorney may be beneficial to know the right things to do or avoid for a successful injury claim.
At the Law Office of Jason Skala, LLC, I have the expertise and diligence to support and represent clients in their accident cases. As an experienced Alaska personal injury attorney, I can review every aspect of your unique situation thoroughly and educate you about the dos and don’ts after an accident and when pursuing compensation for your injuries. My firm proudly serves clients across Anchorage, Kotzebue, Bethel, and Barrow (Utqiagvik), Alaska. (replace with: My firm proudly serves clients throughout Alaska, from Barrow (Utqiagvik), Point Hope, Kotzebue and Bethel to Sitka.)
Filing a Personal Injury Claim in Alaska
Alaska is an “at-fault” state for auto accidents. Under Alaska’s at-fault system, the driver responsible for the auto crash (the at-fault party) will be held financially and civilly liable for bodily injuries, property damages, and other accident-related losses you suffered. If you’re the victim of a negligent auto collision in Alaska, your possible options to recover damages include:
- filing a first-party claim with your own insurer;
- filing a third-party claim directly with the insurance provider of the at-fault party; or,
- filing a personal injury lawsuit in civil court against the at-fault party.
A trusted car accident attorney can enlighten you about what to do or avoid when filing your injury claim and determine the right option to seek damages.
The Dos and Don’ts When You Enter Into a Personal Injury Claim
According to statistics from the Alaska Highway Safety Office, there were about 2,084 minor injury crashes statewide in 2020. Being involved in a negligent accident can be difficult and unsettling. However, what you do—or avoid doing—can massively impact the outcome of your injury claims. Here are some dos and don’ts after an injury and when you file a personal injury claim:
DON’T
DON’T leave the accident scene until you’ve exchanged information.
Before leaving the accident scene, ensure that you exchange relevant details with the other drivers involved. Request for the driver’s name, phone number, address, insurance information, license details, and vehicle registration.
DON’T talk about the case, not even to your friends.
However, after filing your claims, avoid discussing the case details with other people, including your friends. Keep all pertinent information, case details, and strategies between you and your legal counsel.
DON’T talk to the insurance adjuster first.
Also, do not speak with the claims adjuster without consulting with your lawyer first. Unknown to you, the insurance adjuster can take your words out of context, interpret your statement incorrectly, or use them against you during negotiations or while in court.
DON’T neglect your injuries, even if you’re uninsured or underinsured.
Furthermore, your safety, health, and well-being must be a priority after an accident or personal injury. Hence, you need to seek prompt medical attention, regardless of the severity of your injuries. The physician can identify any hidden symptoms and injuries and recommend necessary treatment. In addition, ensure that you follow through with your treatment recommendations.
DON’T accept the insurer’s first deal.
Finally, never accept the insurance carrier’s first settlement offer. It is often a low-ball offer and may not cover the overall cost of your medical treatments, lost wages, and other losses suffered. Above all, ensure that you have reached full recovery or maximum medical improvement before negotiating or accepting any settlement offer.
DO
DO contact a personal injury attorney.
Contact an experienced personal injury lawyer immediately to represent you and help file your injury claims. Also, your legal counsel can examine all of the surrounding facts of your case and explore your possible legal options to seek compensation.
DO keep records of everything.
In addition, ensure proper documentation of your injuries and medical treatments received. Also, keep records of everything related to the injury or accident, including evidence, relevant information about the other driver, medical records, accident scene pictures, police reports, and witness statements.
DO document your personal account of the incident.
Also, take notes of your personal account of the incident while the details remain fresh in your memory. You should document every detail you can remember, such as how the accident occurred and what you did after the incident.
DO keep every medical record.
Also, document all of your medical expenses, doctor’s appointments, hospital visits, therapy sessions, and other medical records. This will help ascertain the magnitude of your injuries and other damages and losses suffered. With this, you can determine the actual value of your claims.
Do Take PHOTOS
The camera on your phone can help you avoid a lot of problems later in your claim. Take photos and short videos of the vehicles and/or the scene. If you slipped and fell, document the conditions exactly where you fell. If someone says “I saw the whole thing” then get out your phone and politely ask them to give a short statement including their name and phone number. Camera’s are everywhere these days, including at most major intersections. Note if there are traffic cameras near the area the collision occurred. Request them from the city where the collision occurred within a day of the collision. Our staff will be happy to assist you with that. Homes and businesses often have camera’s that may cover the collision, don’t be afraid to ask. Again, our staff can assist you with this process.
Do Report The Collision Immediately
Let your insurance company know that you were in a collision and that you are hurt and will seek/have sought medical attention. You have a duty to report your claim to your insurance company so they can open a claim, identify your coverage(s) that apply and begin the claims process. Just the facts is all they need to know. DO NOT give a recorded statement until you have talked with an attorney.
DO record the impact of the accident on your life.
Lastly, record the resultant effects of the injury or accident on your day-to-day life and ability to work.
A dedicated personal injury lawyer can guide you through the often-complicated claims process and help ensure a successful outcome in your accident case.
Speak With an Attorney to Learn More
Understanding the dos and don’ts after an injury is imperative to avoid hurting your case and ensure a successful claim. At the Law Office of Jason Skala, LLC, we’re committed to protecting the best interests of auto crash victims and their loved ones. As your attorney, I can walk you through the complex claims process, fight for your rights, and attempt to recover the maximum possible compensation for your injuries and damages.
Contact me at the Law Office of Jason Skala, LLC, today to schedule a simple case assessment with a highly-experienced car accident attorney. I can offer you the personalized attention and compassionate representation you need in your injury claims. My firm proudly serves clients across Anchorage, Kotzebue, Bethel, and Barrow (Utqiagvik), Alaska.