What to Do (and Not Do) After a Personal Injury
Alt Title: What to Do After Sustaining a Personal Injury
If you’ve been injured as a result of someone else’s actions or negligence, you may be entitled to compensation. However, if you want to maximize your likelihood of receiving a settlement and maximize the value of that settlement, there are some important things you’ll need to do and some things you’ll need to avoid.
Do Get Medical Attention as Your First Priority
After suffering an injury, you’ll probably encounter significant pain and stress, as well as new responsibilities and problems to solve. This is especially true if you have limited financial resources and need to avoid putting yourself in a worse position.
No matter what your circumstances are, you should seek medical attention as your first and highest priority. Not only is this better for your own health and well-being, but it’s also important for your personal injury case, should you pursue legal action. You need to be able to prove that your injury was associated with damages, and many of these damages come in the form of medical expenses. Don’t hesitate to see a doctor as soon as possible, or get emergency attention if you need it.
Similarly, you should follow all medical advice you receive. That includes taking any prescribed medications, attending follow-up appointments, and sometimes even pursuing physical therapy.
Do Talk to a Lawyer
Aside from getting medical attention, your highest priority should be talking to a personal injury attorney. Personal injury attorneys have the knowledge and experience necessary to get you the compensation you deserve for your injury. Initial consultations are typically free, so there’s no downside to reaching out. If your case has merit, your lawyer will explain the process to you and guide you through the steps of that process.
Ideally, your lawyer will help you negotiate with insurance companies so you receive the highest possible settlement. Most personal injury cases are settled out of court, but this process can still take many weeks. You didn’t follow the advice of your lawyer throughout the entire process, as they are going to be your best representative.
Don’t Talk to Anyone Else
As your lawyer will probably advise you, you shouldn’t talk to anyone else while the legal action is still pending. Feel free to discuss details with the people closest to you, such as your spouse or partner, but beyond that, keep the details to yourself. This also means you should avoid posting anything related to your injury or actions on social media. Chances are, the defense’s legal team will be monitoring your social media and interactions for any details they can use to discredit your claims or reduce their settlement offer.
Do Gather Evidence and Keep Meticulous Records
You can and should gather evidence and keep meticulous records on your own. Your lawyer can help you with this, but any effort you make will be valuable. Immediately after the incident, try to gather as much information as you can, taking photos and videos, securing surveillance footage if possible, and even talking to witnesses and getting their information.
Similarly, you should keep any and all records related to your medical appointments and follow-ups. These will be important for proving damages.
Don’t Approach the Tortfeasor
In tort law, the tortfeasor is the person who committed a wrongful act against you. This can also be an entity, like a company. You may be tempted to reach out to them and let them know that you’re taking legal action, or ask questions related to the case, but you should generally avoid approaching anyone associated with the defense, unless advised by your lawyer otherwise. This way, you’ll have more time to plan – and they’ll have less time to build a defense.
Do Take Care of Yourself
Dealing with a personal injury can be stressful, and dealing with a personal injury lawsuit after receiving one can be even more stressful. Accordingly, it’s important to take care of yourself. That means getting enough sleep, getting enough water, getting enough food, and staying social. Don’t hesitate to lean on your friends and family members for extra support, and consider joining a support group if that appeals to you.
Don’t Accept an Insurance Offer Without Consulting an Attorney
Finally, don’t accept any insurance offer without first consulting an attorney. Your attorney can help you figure out whether the settlement offer you received is appropriate, and they may be able to help you negotiate for a bigger settlement, compensating you for more of the damages.
Personal injury law is complex and confusing, but you don’t have to do it alone. As long as you know the basics, like getting medical attention right away and avoiding talking about the case, your lawyer can put you in a much better position to win the settlement you deserve.