The steps you take immediately after an injury often matter more than people realize. From documenting what happened to seeking medical care, early decisions can directly affect whether you are able to recover compensation later. This is because personal injury claims aren’t guaranteed; they depend on proving that someone else’s negligence caused your harm.
“A personal injury is only compensable when the injury results from another party’s negligent actions or inactions,” says Brian Wallace of Foster Wallace Personal Injury Lawyers. “However, compensation is not automatic. You must be able to show that the other party owed you a duty of care, breached that duty, and caused measurable harm as a result.”
With evidence being so crucial to a personal injury case, there are various steps injured parties must take to protect their potential for compensation.
Seek Medical Attention
Your health comes first. So the first thing to do after an injury is to seek medical attention. If you exhibit symptoms of severe injury, for example, massive bleeding, dizziness, internal pain, fractures, or passing out, it is best to call 911.
Feeling okay at the time of the accident doesn’t always mean that you are out of the woods. Some injuries take longer to show or may be masked by the adrenaline produced on impact. So, even if you do not call 911, ensure you visit the ER as soon as possible. Ideally, you should get checked out on the same day, if not the following day.
Besides upholding your health, seeking timely medical attention helps create a link between your injuries and the accident, eliminate treatment gaps and provide the documentation necessary for valuing your damages.
Document the Scene of the Accident
The earlier you gather evidence from the accident scene, the better the quality of evidence you can have. So if you can, document the scene by taking pictures and video footage as you await medical help. Ask an onlooker to help if your injuries don’t allow you to document.
Pay close attention to the details that explain how and where the accident happened. Capture anything that shows the cause of the incident, the exact location, and your visible injuries.
For instance, in a slip-and-fall case, photograph the hazard that caused the fall and record the surrounding area to provide context. If you are unable to document the scene, your lawyer can help gather evidence through other means.
Reporting an Accident
Personal injuries have different reporting procedures based on the nature of the accident leading up to the injuries. For example, injuries that occur in the workplace must be reported to the relevant authority within a stipulated period, for you could lose your right to compensation.
The same applies to accidents that occur on business premises or private property. For car accidents or assault-related injuries, you will want to file a police report for the record.
Get a Lawyer
Having a lawyer in your case makes a huge difference in the outcome. Statistics show that personal injury victims who involve lawyers have far better outcomes than those that don’t.
First, a lawyer brings their expertise and experience to your case. Second, they command respect from the other side which, more often than not, will have a lawyer that may want to take advantage of your naivety if you do not have one.
You do not have to worry about legal fees when pursuing a personal injury case because most lawyers work on a contingency fee basis. This means you are only responsible for a percentage of the settlement if your case is successful, and no fees are owed if it is not.
