You can get severely injured in a car accident within seconds and your life can get turned upside down in just a few moments.
One minute, you’re driving to work or picking up groceries. The next? You’re injured, dealing with medical bills, insurance companies, and more stress than you know what to do with.
The truth is…
If you don’t know the legal steps to take after a car accident injury, it’s very easy to ruin your own case. Everything you do or don’t do in the moments and days after a car accident will affect your ability to recover the compensation you’re entitled to.
Here’s what you need to know:
- Why timing is so important after a car accident injury
- The most important first steps you need to take to protect your case
- How to deal with insurance companies
- When to contact a personal injury attorney
Why Do the Legal Steps Matter
According to NHTSA estimates, nearly 39,345 people died in traffic crashes during 2024. Let’s not even get into the millions of people who were severely injured and had to go to hospitals to get medical attention or had to contact an injury attorney.
The best news?
Taking the right legal steps right after the accident can protect your rights and maximize your chance of recovering the money you are due. Working with experienced Fielding Law Auto Accident Attorneys helps car accident injury victims get through the complex claims process and to fight for fair personal injury settlements.
The time element is of essence, however. Let’s look at what you need to do next…
Step 1: Safety Comes First, Seek Medical Help
The first and the most important thing is to protect your health first and always.
If you don’t seek medical attention right away after an accident, your injuries might never be linked to the accident. This is because car accident injuries can be delayed. Whiplash injuries, for example, might not reveal until several hours or even days after a car accident.
The documentation from the doctor will show your injuries, provide a diagnosis, and state that the injuries have been caused by the accident you were involved in.
Insurance companies love to argue that if you have delayed medical treatment for your injuries, it means the injuries were not that serious.
Step 2: Document Everything
If you are physically able, try to collect as much evidence as possible after the accident.
Photograph vehicle damages, the road conditions, the traffic signs, your visible injuries if any, take notes. Collect the contact information of witnesses. Record the other driver’s insurance information, their driver’s license, license plate number, etc.
You might think that this information will never be useful, but it might.
The official accident police report will be the most important document. Call law enforcement to the accident scene even if you were involved in a minor accident. The police report will be the evidence you might need at a later stage.
Step 3: Report the Accident to Your Insurance Company
After you get to safety, you need to inform your insurance company about the accident.
This sounds straightforward, right? However, you should be cautious with what you say. Limit yourself to the facts when it comes to providing details about the accident. Give basic information such as when and where the accident has occurred and what happened, but don’t speculate or guess about the causes.
Avoid the words such as “fault” or saying that you are responsible for the accident. If you have been injured, don’t try to downplay the injuries you have received. For example, if you haven’t visited a doctor yet, don’t say you are “fine” because it is just not true.
Insurance adjusters are there to make sure they pay out as little money as possible. That is why anything you say might be later used to argue that you deserve less compensation.
Step 4: Keep Detailed Records
From this moment forward, you need to keep detailed records of everything related to your accident injuries and damages.
That means you need to record medical bills and treatment costs, lost wages if you were unable to go to work, property damage repair or replacement costs, transportation costs if you have had to get to doctor appointments or physical therapy, and any other expenses related to the accident.
Keep a personal injury journal where you can record your daily pain levels and how the accident injuries are impacting your normal activities. Write down your emotional state as well. These details can be very helpful when it comes to the calculations of “pain and suffering” damages.
Step 5: Understand the Statute of Limitations
Did you know that each state has deadlines for filing a lawsuit related to personal injuries? The statute of limitations, as it is called, is there in every state.
The main point is that if you don’t file a lawsuit within the specified time frame, you lose the right to do it in the future. That is why you have to be aware of your deadlines, which is the easiest to do with the help of a car accident attorney.
Statutes of limitations can be from a year to four years and even shorter if you have to file a claim against a government entity.
Step 6: When to Hire a Personal Injury Attorney
It is often questioned whether or not a person really needs to get legal representation in order to recover damages for their accident injuries.
Statistical data does speak for itself, and according to a review of real cases, the average personal injury settlement between 2021 and 2024 was $55,056. The victims who work with an experienced attorney and get the legal help are more likely to get more than those who are on their own.
You may want to contact an experienced auto accident attorney if your injuries are severe or require long-term medical treatment, if the other party is disputing fault, if the insurance company is making a lowball settlement offer, if you are in doubt as to your rights, or if there is more than one party that might be liable for the accident.
Personal injury attorneys typically provide free consultations and they work on contingency fees. This means that you don’t pay anything upfront and the attorney only gets paid when you receive your compensation.
Step 7: Don’t Accept the First Offer
Insurance companies will often make a very first offer after an accident.
The problem is that the first offer that you receive is by a long shot below the amount of money that you could get if you push. The insurance companies are counting on the fact that you are so overwhelmed with everything after the accident that you just accept this amount.
An experienced and a skilled attorney will negotiate the best settlement for you by making sure that all your current and future damages are taken into account. Current damages include medical bills, lost earning capacity, and pain and suffering, along with other compensable losses.
Mistakes that Ruin Your Case
Unfortunately, many victims of car accidents are unknowingly harming their cases.
The most common of these mistakes include the delay of getting medical attention, posting on social media about the accident, giving recorded statements to insurance adjusters without the help of a lawyer, accepting settlement offers without even understanding the whole extent of your injuries, and failing to meet important deadlines.
If you manage to avoid these mistakes, your chances of getting a successful outcome for your case are much higher.
Conclusion
There is no doubt that car accident injuries affect all aspects of your life.
However, by taking the right legal steps starting the very next day you will be able to protect yourself as much as you can. Document everything. Don’t delay seeking medical attention. Be cautious about insurance companies. Don’t be afraid to contact a personal injury attorney.
To briefly summarize:
- See a doctor right after an accident even if you don’t think you are injured
- Document everything at the accident scene
- Report the accident to insurance but be careful with what you say
- Start keeping detailed records of all expenses
- Be aware of your state’s deadlines for filing a lawsuit
- Hire an experienced car accident attorney if you have serious injuries
- Never ever take the first settlement offer
