Personal injury cases are much more common than one may think. In fact, approximately 39.5 million personal injury cases which require medical treatment occur in the US every year. These injuries happen every day in all shapes and sizes. They will knock on your door when you are least expecting it. They can leave you with lifelong challenges, financial hardship and loss of income.
The positive part?
Taking the right steps as soon as you can after an incident can make or break your chances of receiving compensation. And there is one key thing that many people do not understand…
The actions you take in the very first few hours and days of an accident are absolutely critical.
What you will learn…
- Why it is important to take action immediately
- The first steps to take after an accident
- Documenting your accident effectively
- When to reach out to a legal professional for help
Why you should take action immediately
This is what most people do wrong following a personal injury accident…
They wait. They delay taking the next step. They let valuable time pass by without gathering evidence or seeking treatment. The evidence is gone, and the memories are lost.
It is true. If you don’t act immediately following an accident, your personal injury claim will be much weaker even before you begin. Insurance companies are always on the lookout for holes in your story and will use them to avoid paying or to pay less compensation.
Think about it. If you don’t gather evidence of what happened and how the accident occurred, who will? If you don’t seek medical attention within 24 hours of the incident, how do you know the injury you suffered came from that accident?
It is not a hypothetical question. These are the problems people face every day when trying to make legitimate personal injury claims. This is precisely why working with an experienced legal firm like P.A. Duffy & Co solicitors matters so much. Companies like this understand how important time is with personal injury cases. Firms like these also know what evidence needs preserving right from the get-go.
The first steps to take after an accident
Let’s take a look at exactly what you need to do in the minutes and hours following a personal injury incident.
Prioritise your health and safety
Your safety and health should always come first. Always.
Even if your injuries are minor, you should still seek medical attention as quickly as possible. This is not just for your own safety and health, but having medical records linking your injuries to the incident will also be important later on.
Here is the thing…
Insurance companies will use the lack of treatment or a delay in treatment to suggest that you were not injured as badly as you claim. A few days delay can be held against you. Medical records from your initial visit will establish a baseline of your condition and link your injuries directly to the incident.
Contact the authorities
It is important to contact the appropriate authorities following an accident or incident. If it is a car accident, the police will need to be called to the scene. If it is a work-related injury, your employer must be informed right away.
These official reports are important for many reasons. They will serve to…
- Create an unbiased official record of the accident and what happened
- Capture witness statements while they are still fresh
- Document time, date, and location of the incident with pinpoint accuracy
These reports from the police or from your employer will not just be some meaningless paperwork. They will be crucial pieces of evidence that will be used later on.
Get witness information
This step is often overlooked more than it should be.
Witnesses who have seen the incident play a crucial role in strengthening your claim. But here is the rub – Witnesses disappear. They leave, go about their own lives and finding them at a later date can become virtually impossible.
Collect and keep the names, phone numbers and email addresses of anyone who may have witnessed the incident. You will be surprised at how important those contacts can be later on.
Document your accident
Documentation is the key to any successful personal injury claim. Without evidence to back up your story, you will quickly lose.
Photograph the scene of the incident
Photos can tell a powerful story and help to prove your case.
Take photos of the accident or incident from all angles. Capture any slippery spots, uneven ground, damaged areas, or visible injuries. Don’t forget to take photos of torn or bloodied clothing, vehicle damages, or any other physical evidence.
Keeping this visual evidence can provide concrete proof of what happened.
Keep thorough records
Starting from the moment the accident occurs, keeping records of everything is key. Write everything down while it is still fresh in your mind.
Your records should include…
- A written record of how the accident occurred
- All medical treatment and care receipts
- Any and all communication with insurance companies
- Record of missed work and income
It may feel like a chore, but when it comes time to make your case, you will be thankful that you documented and kept everything in as much detail as possible.
Seek out medical treatment
Aside from that initial visit, ongoing medical care is crucial when it comes to an accident claim.
Attend all follow up appointments. Follow all of your doctor’s recommendations. Keep all receipts and medical records from all your medical care appointments.
Continued medical care will show how seriously you were injured and that you are doing everything you can to recover. This helps to build your credibility as a victim of the accident.
Contact a legal service
About 95% of personal injury lawsuits end with a pre-trial settlement, meaning the case never goes to court. But coming to a fair settlement with the right preparation and negotiation is essential.
An experienced personal injury solicitor can do a lot for your case. They can…
- Investigate the incident and figure out all of the parties that were responsible
- Gather evidence and ensure that it is preserved before it disappears
- Calculate the value of your claim and include future damages
- Negotiate expertly with insurance companies
The sooner you contact a legal service the better off you will be when it comes to getting a fair settlement.
Mistakes you should avoid
People make all kinds of mistakes following a personal injury incident every day.
Do not apologise. Even a quick apology can be used against you later on down the line. Let the investigators and insurance adjusters figure out fault based on the evidence.
Do not sign anything. Any documents that you are sent by an insurance company without the consultation and vetting by a legal service are going to be things that work against you in the long run.
Do not post about it on social media. Insurance adjusters are notorious for using anything they can against accident victims on social media to challenge and question claims.
Do not delay. Every single day that passes by without taking action means lost evidence and faded memories.
Conclusion
Taking action is not optional. It is essential if you want to protect your rights after a personal injury incident. If you want to stand a fighting chance at a successful outcome you need to take action.
The steps are simple. Prioritise your health and safety first. Report the accident. Document everything you can. Preserve evidence. Seek medical treatment. Contact an experienced legal professional.
Each one of those steps is important. They each build on the last to create a strong case for you when it comes to accident compensation. Miss one of those steps and you are hurting your entire claim.
Do not wait. Take action now.
