Today, with the increase of the fleet and the mobility of people, it is very common to suffer a mishap on the road.
Accidents happen. In many cases, these mishaps do not carry more than minimal damage. However, on other occasions such accidents involve a number of personal injuries, injuries consistent as can be known whiplash or other serious injury. Do you need to contact your insurance company? Contact the police? Contact a local lawyer? Here is what to do when you are faced with this type of situation.
What we should do when we suffer a traffic accident where injuries are caused us?
There are many people who through ignorance or fear of spending, do not come to make the corresponding claims against those responsible for the incident or they are hopeful that their insurance companies to contact them to inform them about the procedures to perform.
Whenever you have a car accident, the first thing you should do, if any injury is to go to a medical center so that we have diagnosed what injury.
The center once determine the diagnosis of injuries that have resulted from the accident, must send (depending on severity) or to our specialist or primary care physician (family doctor).
Thereafter, we have to initiate appropriate medical treatment to heal our injuries. We may choose between us question through the system of public health or through a private practitioner, either dependent or insurers of our free institutions election. Of course the fastest and most effective option is we go to the track private as waiting times for medical treatment are minimal or nonexistent.
It is best that you consult an attorney experienced in the field for advice and guide you through the process.
The doctor who choose to provide the most appropriate medical treatment, either pharmacological or rehabilitation, performing the necessary tests to objectify the injury you have.
Once the appropriate medical treatment, the amount of which will always be borne by the responsible for the accident is complete, the doctor will assess whether the lesions were in the accident have stabilized or otherwise can still cure.
Once stabilized the lesions (not cured more), the doctor who has monitored shall issue a report where medical treatment is indicated, the patient’s course, on who has invested in their recovery or stabilization and finally the aftermath remaining.
Once the treatment is finished and finalized the report, proceed to lodge a complaint against the responsible for the accident to be examined by the courts attached to Forensic doctor. This option is not required, since we can choose between filing complaint and to proceed with the assessment of the aftermath by the Coroner or doctor, we go to a physician with expertise in valuation bodily harm, who will issue report.
Once assessed the consequences for either optional, will not proceed with the quantification of compensation based on the tables that are annually approved under Royal Legislative Decree 8/2004, including in such quantification few medical expenses or any otherwise have been generated as a result of the accident.
Made quantification, will proceed to the claim against the person responsible for the accident. Often, the loss is given without responsibility of a third party involved in this case, the occupants of the damaged vehicle shall have the same right to have involved other vehicle, with the proviso that should make the claim against the insurer of the vehicle they occupied.
As the driver of the damaged vehicle without the intervention of another vehicle, ie, when the fault of the vehicle is the driver himself, is still entitled to be compensated for medical expenses incurred on medical treatment, and is entitled to compensation depending guarantees contracted in policy.
Who has to make the claim for my damages?
Once quantified the compensation should proceed to start the relevant claims. Such claims can be made through the attorney of the insurer of the vehicle or through a private attorney.
The law provides for and requires insurers to their policyholders eligible for the choice of a lawyer of his choice to start their damage claims, thus providing a fixed pay for the minutes of this professional level. I.e., the insurer pays the lawyer the minute designers to the limit established policy.
This limit may vary depending on the insurer between 600 $ and unlimited.
Therefore, the lawyer shall designate in most cases by the insurer, thus not having to pay any amount or the difference between policy and hired counsel minute.
The appointment of counsel only performed for the incident in question, ending the custom once proceed to indemnify the damage.