If you wish to file a personal injury claim against someone for a car accident, slipping on their property, or another accident, you need to prove that you were injured due to neglect of another. Here are five steps you need to take if you are injured due to someone’s neglect.
Step 1. Seek medical attention first
Sometimes adrenalin after an accident causes us to pay more attention to the situation rather than our immediate medical needs. Adrenaline is a natural hormone produced by the body during a traumatic situation. Our bodies create adrenaline to protect themselves. As a result, we often don’t experience pain until a day or two afterward.
It’s important to seek medical attention as soon as possible in spite of how you originally feel. You may have injuries that only an x-ray or other diagnostic test can reveal. Don’t minimize the pain and think, “It will go away on its own.” It may not. Plus, if you wait too long, your insurance company may argue the accident wasn’t that serious or your injuries could have happened from another incident.
Step 2. Report the accident
In the midst of the stress, one of the main steps is to make a report of the accident. Call law enforcement, speak with a store manager, homeowner, landlord, or whoever is the person in charge.
You want to make sure a record of the accident has been made. Get the details in writing, request a report be made, and get a copy.
Step 3. Document everything
In addition to having an accident report, document your injuries and all of your medical treatment. If necessary, take photos of your injuries as well as the location of the accident. Photograph any stairs, icy patches, weather conditions, or anything else that contributed to your accident. Make a note of the exact date and time.
Get a full report from your doctor describing the extent of your injuries and the diagnostic tests done for evaluation. Your medical records become a vital piece of evidence if you need to seek compensation. You may even want to place the clothes and shoes you were wearing in a separate area in order to prove you weren’t at fault.
If there are witnesses, ask for all of their contact information. Get their full names, addresses, phone numbers, and emails. Their statements can also help if you need to file a claim.
Step 4. Don’t accept blame or assign blame
Try and remain as calm as possible. Limit your conversations to the person you are filing the report with. Don’t post the accident on social media. Don’t make any statements to your insurance company either. Speak with an experienced attorney first.
Step 5. Contact an experienced lawyer before your insurance company
Personal injury cases are complex and often difficult to prove which is why you need an experienced lawyer. In order to recover damages, you and your lawyer have to prove that someone else was negligent. You need someone who has the experience and knowledge to successfully recover your losses.