How to Win Fort Worth Car Accident Case

January 1, 1970

Being in a Fort Worth car accident is traumatic and can be life changing. You presumably have never been in one before and don’t know what you should do. These are most important steps you should take.

1.Preserve evidence at the scene so your injury lawyer will be able to prove who is at fault including

photographs of the vehicles,
your injuries,
personal items that are damaged,
the other driver,
their driver’s license and insurance card,
the road,
other objects hit,
any surveillance cameras, and
anything else pertaining to the crash.

Get the names and identifying information from all witnesses and police officers.

Get immediate medical treatment for your injuries.

Go to an emergency room if you lost consciousness, broke any bones, are bleeding, weak, or in a lot of pain.
Make sure you tell the doctors and nurses where you hurt, because a failure to document all injuries and pain levels can and will be used against you at the time of settlement or court trial.
Get diagnostic tests to rule out hidden injuries.
Make sure the ambulance and hospital have your health insurance card or information since they will probably not want to file on it and be paid lesser amounts.
Follow up with a medical professional within a few days and treat with them so you can recover from your injuries more quickly.
If you do not know which doctor can provide the best service, contact your car accident lawyer. They work with the best professionals who specialize in these cases. They can also help you arrange delayed payment and reduce medical bills later, depending on the facts.

Do NOT speak to the other driver’s insurance company, other to report the claim (many times the other driver will fail to do this since they don’t want their rates to increase) and arrange an inspection of your car or truck.

Do NOT agree to give the “friendly” adjuster a statement or answer questions about how the crash happened or your injuries – again, these will be used against you later.

The insurance company knows that you have probably not hired a lawyer yet and they will take advantage of the surprise element and your lack of knowledge of the claims process to hold down the value of the claim.

Hire a good car accident lawyer.

There are many to choose from. Here’s a tip on how to pick the best one:

___

Many law firms, including ours, are still limiting in-person client meetings due to Covid, and many people who have been crashed into have lost their vehicles and have no way to drive to the lawyer’s office. We can speak to you on the phone or communicate with you by texts, emails, and video chats.

We will need some basic information. Please obtain some information including the other driver’s name and he location of the crash so we can get the police report quickly. We will pay for this. We will also ask you some questions including

How the collision happened
What the other driver and witnesses said afterwards
Which vehicles were involved and how much damage was done
All hospitals and doctors you have seen,
Your current state of health,
Whether you had been in a collision in the past,
Whether you had injured the same parts of your body before,
What insurance coverage you have, including health insurance, disability, collision, uninsured/underinsured motorist, and personal injury protection benefits.

If it is easier, jot this information down on a sheet of paper and email or send it to your lawyer. Its contents will be protected by the attorney-client privilege and cannot be divulged to anyone else.

Tell your lawyer everything. Be truthful. He or she need to know the strengths and weaknesses of your claim. It does not have to be perfect, and rarely is. But if they learn negative information about the case from the other side, that can adversely affect how the case proceeds. And remember, your attorney will not divulge information that is confidential.

Do not talk about your crash, especially on social media. In this day where a lot of people go online to discuss details about their private lives, refrain from posting on Facebook or Instagram and divulge details about the collision. Don’t even mention it at all.

Do not accept friend requests from people you don’t know, as they may work for the other insurance company.

Change your settings to private, and even then, assume that everything you write will be seen later.

Information and photos you post can be obtained by the insurance company and its lawyers and will be blown up in the courtroom. For example, if you were to say that you were partially at fault or that you had signed up to run a 5K race and still finished it even though you walked, the other company will have a field day when you try to testify how injured you were.

We won a case a few years ago when we saw that the teenaged defendant was dressed in slutty clothes, holding a gun, and saying salacious things just after the crash.

Keep a file folder. It is important that you preserve information about the crash and your injuries, lost wages, and bills.

Make note about your doctor’s appointments, hobbies, trips, and recreation affected, and how the car wreck has disrupted your life.

Take new photographs of your injuries to show the healing – or lack of healing.

Send this information to your attorney on a regular basis.

FOLLOW THROUGH WITH MEDICAL TREATMENT. Following serious injuries, it is common to received prescription for additional medication, be scheduled for follow-up medical appointments, including physical therapy, and be sent for medical testing and imaging studies, such as MRI’s, as well as receiving a recommendation for surgery. It is important for your recovery as well as your case that you follow all of these medical appointments and directives.
KEEP YOUR ATTORNEYS INFORMED. As your condition and medical treatment change it is important to update your lawyer. These changes can dramatically change the strength of your legal claim. It is important to keep your lawyer up to date on your injuries. Be sure to tell your lawyer how your injuries have effected your work, household chores, hobbies and recreation activity as well as mental health. (i.e., Has your lack of activity as a result of the accident caused you to gain weight? Has your inability to work caused you to suffer from anxiety, depression, incontinence or sexual dysfunction?)

Avoid exaggeration when discussing your case with anyone. Many people cannot resist the urge to talk about ongoing legal action, and sometimes details get overemphasized. Again, this can be taken out of context by the other party and used against you.

DOCUMENT YOUR FINANCIAL LOSSES. If you are earning less as a result of your injuries, it is important to keep your before and after pay stubs, tax returns, W2 and 1099 forms and any other records that show financial losses that are caused by your accident and injuries. Also keep records of all of your out of pocket expenses related to medical treatment.
MAKE YOURSELF AVAILABLE FOR PREPARATION. The deposition and trial testimony of the plaintiff are often the most critically important parts of building a strong case. As the plaintiff, you are the most valuable member of your own litigation team. In most situations no one will know more about the occurrence than the people who experience it and no one will understand your pain and suffering more than you. In order to prepare you for these important phases, you should be ready to attend several preparation sessions with your lawyer to help you communicate effectively during your deposition and trial.
Ask Yourself if You are Ready for a Legal Battle

Can you afford to sue? Do you have the time to do this? Believe it or not, many people do not ask themselves these questions before pursuing legal action. If you think it will be too much for you to handle, then it is okay to walk away.

Steer Clear of Pie-in-the-Sky Attorneys

Avoid lawyers who promise you thousands of dollars in compensation right away – without hearing your case completely. Flashy and loud attorneys can be impressive with their words, but this does not automatically translate to skill in the negotiating table or courtroom.

Do Your Homework

Study cases like the one you plan to file and look at how they were won or lost. This will give you a better idea of what to expect, and help you understand if you have a quality claim or not. However, try to stick to cases that were filed in the last five years only, as these are probably the most relevant.

Try to Get a Medical Professional on Your Side

Make sure your doctor is on your side. The attending doctor is crucial to winning a personal injury case because if he says the injury is unrelated to the accident, then you have a major problem. Doctors are looked upon as expert witnesses and their testimony can make or break a case. Your doctor should be credible, with a good reputation, for his or her testimony to carry as much weight as it can in the courtroom.

You and Your Attorney Are a Team

Don’t fight with or try to upstage your lawyer, especially in front of other people. If there is an issue or something you do not agree with, discuss it privately and try to agree on a common strategy. Both attorney and client need to be in tight tandem if they are to be successful.

Trust the Process

Be patient. Many people tend to get stressed because civil claims take a while to resolve, but losing your patience can work against you. The best approach would be to keep up to date with the goings on and overall strategy with your attorney. Don’t get antsy and decide to change you what you want midway through the negotiations. This is a recipe for disaster and a great way to set your case up for failure.

Cover All of Your Bases

Do the math with your lawyer. Understand the best and worst possible outcome for your case. Being aware of every possible scenario, find common ground on how far you want to take the case, and what outcomes you would be willing to accept.

Your Character May Be a Point of Contention

Be ready to have your life turned upside down because the other party will do their best to damage your reputation in order to win. During a lawsuit, the opposing parties may stoop to character assassination to win the case. This means being on your best behavior.

Sometimes a Settlement Is a Good Option

Consider a settlement. This will resolve your case faster and allow you to put everything behind you.

Chose an Attorney Who Is Right for You

Hire the right lawyer. Don’t pick someone based on a recommendation or rumor. Study the experience, training, and skills of the lawyer and the firm he works for before making your decision. Also, make sure you like his style and personality. Making an educated choice will make the process much easier on you and your loved ones.

Need a Personal Injury Lawyer? Call the Tenge Law Firm, LLC!

Here at the Tenge Law Firm, LLC, we know how difficult it can be to navigate a personal injury case. There are a lot of factors to consider, and the difference between a successful and unsuccessful case can be razor-thin. Our veteran trial lawyers know the ins and outs of the Colorado legal system and will do everything in their power to make sure you get the justice you are entitled to.

If you or a loved one needs personal injury representation in Boulder, Denver, or Fort Collins, please contact our firm today to schedule a free consultation by sending us an online message or calling (303) 536-7674.

For more information about how to win your injury case:

How to give a successful deposition in your personal injury case

How to win mediations

1. IMMEDIATELY SEEK MEDICAL TREATMENT OF ALL INJURIES. It is important to seek medical attention for all injuries you experience after your accident. Be sure to inform the medical staff of all pains and unusual sensations that you are experiment after the accident. Medical professionals must know all of your symptoms in order to properly diagnose and treat your injuries. It is always best if your medical condition is promptly and accurately document in medical records generated shortly after the incident. You should also fill and take as directed any medications any medication prescribed by treating physicians and follow the discharge instructions. If your symptoms get worse after being discharged from the hospital you should seek medical care.

2. PRESERVE ALL AVAILABLE EVIDENCE. We recommend you save the item that contributed to your injury when possible. For example, if you slipped on a piece of fruit or a vegetable, place the item in a plastic bag and freeze it. You should keep the shoes you were wearing at the time of a fall. Ripped or blood soak garments should also be preserved because they can help to graphically and properly communicate the truly horrific nature of catastrophic injuries. Keep all durable medical supplies that you use as a result of your injuries. Also, make note of any surveillance cameras in the area so that your attorneys can take proper actions to preserve video.

TAKE PHOTOGRAPHS. It has long been said that a picture speaks a thousand words. We are evolutionarily predisposed to believe what we see with our own eyes. When feasible you should take pictures of the location where the accident occurred as well as any vehicles, structures, products, or dangerous conditions that contributed to your accident. It is also important to take photos of all visible injuries, clothes and shoes you were wearing and medical supplies such as wheelchairs, crutches, canes, casts, splints, and braces. If you are unable to take photographs or obtain any statements, an attorney at Certain & Zilberg makes prompt arrangements to take photographs obtain as much information as possible. However, please keep in mind, obtaining information hours, days, weeks or even months after an accident scene has been cleaned up or your visible injuries have begun to heal is less useful.

3. COME PREPARED TO THE INITIAL CONSULTATION. Be sure to organize and bring all the document that relate to your accident and medical treatment, including accident and police reports, the names and contact information of any possible defendants and witnesses, anything said by defendants and witnesses after the incident, makes, models and license plates of any involved vehicles, and the names of all treating doctors and medical facilities where you received treatment, as well as your hospital discharge paperwork. Be prepared to provide a detailed description of the events before during and after your injury, including dates and times. Be ready to indicate your current heath care plan and primary care physician, if any. If you are concerned that you may forget some of the details it is recommended that you write a letter addressed to the attorney(s) you will be consulting with. Taking this precaution will ensure that the writing, as an attorney-client communication will not be subject to disclosure to the defendant, insurance carrier, and their lawyers.

3. Do Not Talk to Insurance Providers

Do not make any commitments to insurance companies. Many insurance companies manipulate people, and try to back them into a corner or get them to say something harmful to their case on the record. Play coy and wait for your lawyer to give you proper legal advice.

5. FOLLOW THROUGH WITH MEDICAL TREATMENT. Following serious injuries, it is common to received prescription for additional medication, be scheduled for follow-up medical appointments, including physical therapy, and be sent for medical testing and imaging studies, such as MRI’s, as well as receiving a recommendation for surgery. It is important for your recovery as well as your case that you follow all of these medical appointments and directives.

6. KEEP YOUR ATTORNEYS INFORMED. As your condition and medical treatment change it is important to update your lawyer. These changes can dramatically change the strength of your legal claim. It is important to keep your lawyer up to date on your injuries. Be sure to tell your lawyer how your injuries have effected your work, household chores, hobbies and recreation activity as well as mental health. (i.e., Has your lack of activity as a result of the accident caused you to gain weight? Has your inability to work caused you to suffer from anxiety, depression, incontinence or sexual dysfunction?)

7. SOCIAL MEDIA. It is recommended that you refrain from using social media following your accident. Defendants have been known to misrepresent social media messages, posts, and images to minimize plaintiff’s injuries. (i.e. using a picture of a plaintiff in running shoes and shorts to suggest that the plaintiff if running or holding a baby for a few seconds while a picture is being taken to suggest that a medical lifting restriction should not be considered by a jury). If you are unable to refrain from using social media we suggest that you keep your media private and limit your postings to items that you wouldn’t mind showing to the defendants, insurance companies and a jury deciding your case.

Keep Case Details to Yourself

Do not talk about the incident until you have hired a lawyer who can guide you appropriately. Something you say off the cuff may be put on record and used against you by the other party, causing you to lose money. The last thing you want is to torpedo your case because of a stray comment.

8 Document Every Piece of Evidence in Your Case

Try to document everything using a camera or written official documents. Good-quality evidence is the cornerstone to any legal case. Collect anything and everything that appears relevant and bring it to your attorney.

8. BE ACCURATE AND TRUTHFUL. Do not be afraid to be completely honest; your case doesn’t have to be perfect for you to prevail. However, your attorneys can be most effective if they are fully aware of the strengths and weaknesses of your case. Knowing the issues will leave your counsel in the best position to minimize the impact of these issues. Your lawyer cannot share confidential information with anyone unless you give them permission to do so. It is important that you be as accurate as possible in your communications with your lawyer who must also be just as careful and accurate in preparing your case.

9. DOCUMENT YOUR FINANCIAL LOSSES. If you are earning less as a result of your injuries, it is important to keep your before and after pay stubs, tax returns, W2 and 1099 forms and any other records that show financial losses that are caused by your accident and injuries. Also keep records of all of your out of pocket expenses related to medical treatment.

10. MAKE YOURSELF AVAILABLE FOR PREPARATION. The deposition and trial testimony of the plaintiff are often the most critically important parts of building a strong case. As the plaintiff, you are the most valuable member of your own litigation team. In most situations no one will know more about the occurrence than the people who experience it and no one will understand your pain and suffering more than you. In order to prepare you for these important phases, you should be ready to attend several preparation sessions with your lawyer to help you communicate effectively during your deposition and trial.

1. Be Transparent with Your Attorney

Present all the facts to your lawyer. Do not hide anything, even the details that you think are unimportant or make you look bad. It is the job of your attorney to decide what is and what is not important for your case, including preexisting medical conditions. Your legal team can only do an effective job with all the relevant information.

4. Ask Yourself if You are Ready for a Legal Battle

5. Steer Clear of Pie-in-the-Sky Attorneys

6. Do Your Homework

7. Try to Get a Medical Professional on Your Side

10. You and Your Attorney Are a Team

11. Trust the Process

12. Cover All of Your Bases

13. Your Character May Be a Point of Contention

14. Sometimes a Settlement Is a Good Option