Whatever kind of personal injury you have suffered, whether in your car, at your workplace, or somewhere else, there are some steps you should always take. If you’re looking for advice on how to build a strong case, a Katy personal injury attorney can help you. Those on our team at the Law Office of Shane McClelland in Katy, TX, can make sure that you are clear on the essential dos and don’ts of personal injury law.
What Steps Should I Take After a Personal Injury?
3 Dos
Seek Immediate Medical Attention
The first and most important step you must take after an injury is to seek medical care, even if you feel mostly ok. Often adrenaline, your body’s natural response to a shock, masks pain in the immediate aftermath of an injury. This can lead you to feel like you are fine, and only feel the true impact of the event once the adrenaline has worn off. Additionally, some serious injuries, like internal bleeding or concussion, may not show signs immediately, but will continue to worsen.
You need to get medical help right away, not only to protect your health, but also to build the foundation for a strong personal injury case. A record of prompt medical treatment creates a clear link between the accident and your injuries, and means that an opposing party’s insurance company cannot argue that the injury was not serious or was caused by something else.
Report the Incident
Whatever the nature of your injury, the incident needs to be officially documented. If you were in a motor vehicle accident, you need to call the police. If you were injured at work, you should inform your employer. If you have fallen on someone’s property or in a store, you need to report that to the property owner or manager. In some cases, such as with car accidents, this is not just advisable for making a claim, but is a requirement of the law.
When you report the incident, request a copy of the report or a confirmation that the incident was documented. Police reports, accident reports, and workplace incident logs all serve as important evidence.
Collect as Much Evidence as Possible
The key part of any personal injury suit is proper documentation. We can use this to prove what happened, how the other party was responsible, and the damage that was done to you.
Evidence of the Incident
If you are able, try to document the scene of the accident as soon as possible after it happened. It can be a good idea to take photographs of the accident site, your injuries, damaged property, and anything else that might show how the injury occurred.
If anyone observed the accident, see if they are willing to give their names and contact information, as their testimony may be very useful in corroborating your description of events. It is also a good idea to make your own record of what happened while the memory is still fresh in your mind. You can do this by taking notes on your phone, or even a voice note if you are not feeling well enough to type.
Evidence of Damages
You should also keep thorough records of all expenses and losses related to your injury. These will be used to support your claim for economic damages; the monetary losses that you have experienced as a result of the incident. This evidence may include:
- Medical bills
- Pharmacy receipts
- Physical therapy and rehabilitation costs
- Lost wages and employment records
- Mileage for travel to and from medical appointments
- Repair or replacement costs for damaged property
You can also be compensated for non-economic damages, such as the pain and suffering you have experienced. Unlike in other states, Texas has no cap on pain and suffering in personal injury cases (apart from medical malpractice), meaning that you may be able to recover a significant amount. To provide documentation to support this part of your claim, you should consider maintaining a personal injury journal where you document your symptoms, pain levels, emotional distress, and how the injury impacts your daily life. You can set an alarm on your phone to remind you to do this every day. The more detailed your documentation, the stronger your claim will be.
Three Do Not’s
Do Not Discuss the Incident Publicly
It is important to be cautious about what you say regarding the accident, especially to insurance representatives or on social media. In Texas, insurance companies often monitor claimants’ public profiles for statements, photos, or posts that could be used against them. We would advise you not to make any public statements about fault or the extent of your injuries. Even a casual comment like “I’m feeling fine” can be twisted out of context to suggest your injuries aren’t serious. It’s best to limit discussions to your healthcare providers and your legal team.
Do Not Neglect Your Recovery
While it’s important to be proactive about your legal rights, your health must remain your top priority. You should be careful to follow all medical advice, attend follow-up appointments, and complete prescribed treatments. If you fail to follow medical advice, you may not recover as well as you deserve to. In addition, the opposing side may argue that you are responsible for worsening your own injuries.
Do Not Go It Alone
Insurance companies, understandably, want to avoid having to pay out on personal injury claims, and to minimize the amounts when they do have to pay. They will want to settle with you quickly and cheaply, almost always offering you far less than you deserve.
If you accept an early settlement, you typically waive your right to pursue any further compensation, as once you sign a release, your case is closed. This holds true even if you later discover that your injuries are worse than you thought. With that in mind, you should make sure that you do not go into any meeting with an insurance adjuster without someone in your corner.
Consult a Katy Personal Injury Attorney
While insurance companies are skilled at minimizing payouts, we are equally skilled in dealing with insurance companies. We know how to protect you in dealings with insurance companies and can help you evaluate any settlement offer to determine if it will truly cover all of your current and future expenses. If the settlement amount is unsatisfactory, we will aggressively negotiate for more or prepare to take your case to court. You can be confident we will do everything in our power to get you the compensation you deserve.
Pursuing a personal injury claim is a matter of justice; if you have been injured in an accident that wasn’t your fault, then you deserve compensation to help you heal and move on. Consulting with an experienced personal injury attorney can make a significant difference in your case’s outcome, as we have the skill and experience necessary to put forward a strong case and advocate for you effectively. If you or a loved one has been injured in an event that wasn’t their fault, reach out to us at the Law Office of Shane McClelland in Katy, TX, to schedule a consultation.