 
These types of cases can be very complicated and usually result in a large corporation and their insurance companies 'circling the wagons' in their own defense. An individual or ordinary family can become easily intimidated or overwhelmed by circumstances. If you or a member of your family are ever involved in an industrial or chemical accident please follow this list of DOs and DON'Ts before making any decisions or signing anything.
DOs:
What To Do In Case Of An Industrial, Chemical Or Explosive Accident:
- Seek
legal advice
as soon as you or a family member become the victim of negligence
by a third party.
- Learn
your rights, and how the law protects you in the circumstance
of your injury.
- Identify
witnesses
to the accident (names, addresses and phone numbers).
- When
possible, photograph or videotape the surroundings,
instrumentalities or things that caused or played a role in causing
the accident.
- Where
appropriate, call the police or governmental authorities
to investigate, and:
-Never be talked out of calling the authorities, because without
a police, incident or investigative report, you may not be able
to prove your case.
-Give the police or authorities your full cooperation and a full,
accurate account of what happened. Never admit fault and never exaggerate!
-List for police or the authorities all symptoms of injury you may
be feeling, no matter how slight.
-Try to listen to what the other persons involved in any way in
the accident or incident tells police or the authorities about what
happened.
-Ask the police or authorities about fault under law or regulations
which apply to the accident or incident.
-Cooperate fully and completely with any request made by the authorities,
and always be courteous.
- If
in pain,
report your condition to any and all authorities involved in any
investigation, and request an ambulance.
- When
the medics arrive, give them a full, accurate report
of symptoms.
-Cooperate fully with their examination and treatment plan.
- Never
attempt to drive,
operate heavy machinery or work at heights if you are dazed, injured
or on strong medications.
- Call
a family member or friend to the scene of the accident
or incident, to lend assistance and as a witness.
-If possible, ask them to bring a photo-camera or video-camera to
record the scene.
- Attempt
to get names, phone numbers and addresses of any witnesses.
-Give this information to the investigating officer or governmental
authority. Keep a copy.
- If
symptoms last several hours,
go to your family doctor or emergency room.
-Report how the accident occurred and give a full, accurate account
of symptoms, but never exaggerate.
-Submit as necessary to exams, x-rays and advice of the treating
doctor. If recommended, or if symptoms continue, see a specialist.
-Follow your doctor's recommendations (to the letter).
-Don't be afraid to ask questions of your doctor, to help you understand your injuries and treatment.
- Don't discuss your case with any unnecessary parties.
-Your spouse, your doctor and your insurance agent are necessary.
You should tell your insurance agent only what is absolutely necessary
to give him/her notice of the accident and injury.
-Insurance adjusters who want recorded statements are not necessary
and you should never give such a statement.
- Report
the accident
to your insurance company.
-Get a copy of the accident report for them, and check it for accuracy.
-If the report is inaccurate, call the investigating officer or
governmental authority and question him on it. (You have a right
to do this. Ask him to correct the report.)
-If you have applicable insurance coverage, insist that your company
investigate the accident/injury, and appraise and/or repair any
damage done to your property.
(They will be reimbursed by the other, responsible party's insurance.)
- If
your injuries/symptoms persist
for more than a few days, consult an attorney.
-Be sure the attorney is a personal injury specialist. Ask him about
his experience!
-Write down all questions you may have about the accident prior
to the interview.
-Learn all you can about your rights in such a legal case.
-Ask what fees and expenses you will be required to pay, what the
attorney thinks the case should be valued at, and what he feels
he can do for you in a recovery.
-Don't hesitate to interview several attorneys and compare their responses.
- Get
property damage estimates on any damaged equipment or property from the accident, if you have appropriate coverage to repair such damages. Give these estimates to your attorney or to the negligent party's insurance company if you have no attorney.
-Try to get the identity of the responsible party's insurance carrier and ask them to repair your damaged property.
- Try to get the responsible party's insurer to pay for your medical bills, without signing releases. (By doing so, the other driver's insurance company will be admitting fault.)
- Never
sign any releases until you are fully prepared to
settle your case.
-The only exception is when your attorney advises you to do so,
for a particular and important reason.
- Keep
a written daily diary of the aftermath of the accident.
-List all that happened in the accident and initial medical exams.
-Follow your progress and the problems caused in everyday life by
your injuries.
(This will prove invaluable at your trial, which may be much later.)
- You
should never consider settling your case until all
your symptoms have disappeared and you are back to normal.
-If you have had a concussion, you should not settle for six (6)
months, at least.
-Remember: Your cause of action is the most important protection
you have against a truly serious or catastrophic injury.
- Obtain
the following documentation for yourself and/or your
attorney:
-Copies of all medical bills resulting from the accident.
-A list of which bills have been paid and which have not.
-A list of mileages to and from all healthcare providers.
-Copies of all doctors' medical reports and dictations in your medical file.
-Copies of all admit and emergency room records of all hospitals
treating you for the accident.
-Copies of radiology reports on tests given to you, such as x-rays,
CT scans, MRIs or myelograms.
-Copies of all statements given by any witnesses to any aspect of
the accident.
-Copies of your wage records or income tax returns to show the impact
of the accident on your income.
-Any photographs or videotape of the injuries, accident scene, vehicles,
equipment, property or any other aspect of the case.
-Copies of your insurance policies.
-Copies of property damage estimates on your vehicle.
-A copy of the accident report filed by the police or governmental
authorities.
DON'Ts:
What Not To Do In Case Of An Industrial, Chemical Or Explosive Accident:
- Don't be talked into not calling the police or governmental
authorities.
- Don't give
recorded statements to insurance adjusters.
- Don't sign
releases or checks with release language printed on
them.
- Don't settle
your case unless your symptoms are completely gone.
- Don't settle
your case unless you have spoken to an attorney and
have had your rights explained to you and your questions answered.
- Don't discuss
any aspects of your case with unnecessary persons.
- Don't do anything just because they say you 'have to'.
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The Glenn Armentor Law Corporation
Disclaimer: This information provided by our web site is, of necessity, general and nonspecific. Each and every potential claim has variable specifics that can completely alter the legal analysis of that claim. For that reason, a thorough and complete interview and evaluation of the claim is necessary to form a proper basis for specific advice to a client on his or her individual claim. The general information we attempt to present at our web site on claims involving personal injury, auto torts, offshore accidents, worker's compensation, products liability, medical malpractice, premises accidents, industrial accidents, burns and electrocutions and discrimination in housing and in the workplace should NOT be construed as formal, nor specific, advice on the handling of an individual claim, nor should any information dispensed herein be considered, in any way, as formative of an attorney/client relationship. Such a contractual relationship can only be undertaken by our firm after a complete interview and evaluation of each specific client's case. For purposes of such interview and evaluation, you may begin the process of requesting an interview and evaluation by inputting your case specific information into our interactive case information form, available within this web site.
©1999-2003 The Glenn Armentor Law Corporation
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