The Dos and Don’ts After a Personal Injury Accident

Accidents happen suddenly and can easily take you off guard. Fear, stress, anger, and confusion are all common and appropriate responses to accidents, especially if they happen because of someone else’s negligent actions or inactions. Accidents can be even more overwhelming when they result in an injury to you or a loved one.

The steps you take right after an accident and injury happens have a large impact on personal injury claims and lawsuits. On this page, we provide personal injury advice on what to do after an accident, what to avoid after an accident, and why it all matters.

What to do After an Accident

The term Personal injury as a legal term is a situation where one person’s negligent actions result in another person’s injury. Personal injury law covers a broad range of topics since there are many ways a person can act negligently and many ways in which that negligence leads to harm. For example, personal injury law can range anywhere from toxic mold exposure to aviation accidents. The possibilities are endless.

All personal injury cases and situations are different, yet, there are a few basic, and necessary, steps to take after suffering an injury due to someone’s negligence. If you have been injured, try to stay calm and follow these steps.

Find a Place of Safety

If you have just been injured, many people’s first reaction is to freeze because they either are in shock or pain. Even though your body needs time to react, it’s important to take a deep breath and evaluate your surroundings. 

Take a look around and see if there is anything in your environment that can harm you further. For example, if you get into a car accident on the road, the best place to avoid further harm is to be off the road. Try to go to the median or shoulder. However, do not move any vehicle if it will cause you or anyone else harm. If you do move your vehicles, make sure to take photos of the vehicles before you move them to show what the vehicles were like after the accident.  If the case does not involve vehicles, take photos of the scene where the injury and accident occurred, to document the conditions and how the injury occurred.

If others are involved in the accident and if you are able, see that they are also not in impending harm. If you are unable to move, stay where you are and call for immediate medical attention. 

Perform A Self-Evaluation

Once you’re in a safe place, do a body scan to see any immediate signs of injury. Ask and answer the following questions:

• Do I see blood? If yes, where is the source?
• Do I feel numbness? If yes, identify where you are numb.
• Is it hard to breathe?
• Is my vision blurry?
• Can I stand?
• Can I wiggle my fingers, toes, arms, and legs? 
• Do I feel any severe pain? 

When you run through this list on your own and confirm you are okay, ask any others involved the same questions.

Call 911 immediately if you or others involved have any of these symptoms to request help and to report the accident. If you are unable to dial or access your phone, ask anyone around you to call. Never assume that someone else will seek help. Be direct and confirm that someone is on the phone with a 911 dispatcher.  

Seek Medical Attention

If there is any sign of harm or injury, seek medical attention immediately. It’s in your best interest to visit a healthcare professional even if you do not see or feel any injuries. Go to the emergency room, your general physician, or a healthcare clinic as soon as possible—and if necessary, of course, call an ambulance at the scene of the accident. 

The more timely your medical care in relation to the accident, the easier it is to prove the injuries you have are related to the accident as opposed to a pre-existing or unrelated injury. 

As you speak with your doctor, mention all issues and pain, even if you think they are minor. On the other hand, however, do not embellish or exaggerate. Just be honest with your doctor and follow their orders.

Collect Information

If you do not go straight to the hospital, speak with the person who caused the accident and injury. Collect their name and insurance information. Be very careful about your wording as you talk with them. Do not admit fault in any way and do not excuse their behavior. Simply collect their information. Make sure you also take many photos of the scene of the accident to document the condition and your injuries. 

Speak to Eyewitnesses

Eyewitness testimonies may go a long way in a personal injury case. Get witness information, including:

• Names
• Phone numbers
• Email addresses

People who witness the accident can clarify the event and show their perspective. Their testimonies can help when building your case. They can help confirm or deny details of the event.

Talk to First Responders

By now, first responders should be present at the scene of the accident. Confirm with them that they will make a police report. Once they do, you will still need to go out of your way to get a copy. 

Collect the following information to make it easier to access the police report later on:

• Officer’s names
• Badge numbers
• Their station’s address  

A police report can help gather more detailed information to build your case. 

Write Your Narrative

This piece of personal injury advice often raises eyebrows, but it’s one of the most essential steps to take post-accident. Your testimony goes a long way! Keep a journal to document how your injury is affecting you. Write down everything you remember after the initial accident. Every detail counts and could reveal information that can contribute to your case. 

Write down your testimony right away so details remain fresh in your mind. Things can easily get muddled the longer you wait to write. Even as you write, you may find that more and more specifics come to mind.  

Keeping an accident journal can be used as evidence in your case. Continue to describe your pain levels and how the accident has affected your daily life and your quality of life. 

Write down answers to these questions:

• What lasting impacts have you experienced? 
• Are there residual effects from the accident? 
• What is your current pain level?
• Does your pain level change throughout the day?
• How mobile can you be?
• Has your injury impacted your ability to work? How so? 
• Has your injury impacted your relationship with family and friends? How so?
• What stressors are you worried about because of your injury?

Notate your experiences through your accident journey to better describe the entire picture of how the injury has impacted you.

Avoid Speaking About Your Case

The only people you should discuss your case with are your doctor and attorney. Your attorney should be present whenever you talk about your case—whether to an insurance agent or opposing attorney.

Additionally, be cautious when discussing your injury with friends and co-workers. Pay close attention to what you say, and don’t give away details. 

Gather Evidence and Documentation

In a personal injury case, you and your attorney must prove that you were injured due to someone else’s negligence. To do so, you must provide evidence and documentation.

Collect records and documents of everything pertaining to your case, such as: 

• medical records
• police reports
• witness contact information
• Photographs
• Personal statement
• etc. 

Keep all evidence and documentation until after your case is completely closed.

Pay Attention To The Statute Of Limitations

In Indiana, the statute of limitations for personal injury cases is two years. This time frame means that you have two years from the date of your accident to file a personal injury lawsuit. There are some exceptions to this limit. If you are making a claim against a government entity, you typically have only six months to file a claim! That’s why it’s crucial to contact us immediately so we can start building your case right away.

Obtain Legal Representation

After receiving medical attention, you should find and retain an experienced personal injury attorney. You need someone who has your best interests in mind to help you build your lawsuit.

Think about it this way: Insurance companies and other defendants will have legal counsel. You should, too. 

The personal injury attorneys at WKW work on the foundation of restoring lives. We invest the time and energy into each of our clients so that you know we support you wholeheartedly. We have a team of experienced attorneys who consistently work alongside industry experts and investigators.

We look forward to helping you know about your options moving forward. We understand how disruptive accidents are, particularly because of someone else’s actions or inactions. Talk to our personal injury attorneys today to find out more about trustworthy legal representation.

Things to Avoid After a Personal Injury Accident

What you do after an accident can significantly impact the success of a future personal injury lawsuit. It’s equally important to note what you should not do. Below is a list of things to avoid after a personal injury accident.

Is your personal injury due to a car accident? Read about things to avoid after a car accident, which covers car accident-specific instructions rather than general personal injury. 

Don’t Admit Fault 

Some people’s first reaction is apologizing in a stressful situation, even if it’s not their fault. This is one of the most crucial personal injury tips we can give. Admitting any sort of fault can and will be used against you. Just admitting any fault puts a major roadblock in your claim process, even if the cause of the personal injury is clearly not your fault. 

You should be honest when speaking about the accident and what happened, but avoid apologizing or admitting fault. Such statements can easily be twisted or taken out of context.

Insurance companies want to find any reason to avoid paying for damages, and other parties might try to file a lawsuit against you. Statements of guilt can be used against you.

Don’t Avoid Medical Care

It’s important for you to seek medical care even if you do not think you are injured. Injuries can appear later or may not show symptoms right away, so visit a doctor and follow their instructions.

Additionally, don’t minimize or exaggerate your symptoms when speaking with your doctor. Be straightforward about your complaints and injuries. 

Doctor’s visits can be intimidating, especially considering ambulance and medical costs may be substantial. We urge you not to let costs discourage you from seeking the care you need. Your personal injury attorney at WKW is here to ensure that you get the compensation to cover those costs so you are not the one paying for your injuries.

If you are hurt because of someone else’s negligence, it is their responsibility to cover expenses that you otherwise would not need to pay. Medical care is essential to your health and well-being after an accident. Don’t avoid it because of costs that can be recovered with a personal injury claim. 

It’s important to note that while your insurance will need to cover initial costs, you will be reimbursed once we settle with the other party’s insurance company. If need be, we will take the case to court. If you have questions about the medical payment process, speak with one of the personal injury attorneys at WKW  immediately. We’re happy to answer any questions you may have. 

Don’t Share Details About Your Case

Don’t discuss your accident or legal case with anyone but your doctor without an attorney present—and don’t post about it on social media, either. Anything you share or publish can be later used against you.

Insurance adjusters may contact you and ask for a recorded statement. Don’t speak with them without your attorney present, or you can have a lawyer contact them directly.

Confidentiality is key for a successful case. Though seeking help from others is okay, be wary about the information you disclose. Keeping case details tight will strengthen your case. 

Don’t Forget to Document the Accident

It can be easy to leave the scene of an accident, only to later realize you didn’t get any photos or videos. Evidence is critical in personal injury cases because the burden of proof is on you to show that negligence took place. Don’t forget to document the accident and gather whatever evidence you can, including: 

• Photographs
• Videos
• Witness contact information for witness testimonies
• Medical records 
• Journal entries
• Police and first responder information
• Insurance information of the person or people responsible
• Any bills you had to pay due to your injury including transportation costs, medical equipment, medical bills, rehabilitation costs, property damage repair costs, etc.

The above items can help your attorney build a solid personal injury case. Remember, you are not alone in this process. We will be by your side and help you gather evidence to build your personal injury case. 

Don’t Hesitate to Ask for Help

A personal injury attorney at WKW can and will help you navigate the process of pursuing a personal injury claim or lawsuit. We can answer your questions, explain your rights, and clarify your options. Don’t hesitate to contact legal counsel to discuss your case.

We understand the stress of an injury, especially due to someone else’s negligence. Hiring an attorney may be the last thing on your mind when trying to balance your bills and alter your life, all while healing from an accident that was not even your fault. Adding another item to your list may seem overwhelming. However, seeking guidance from an attorney can help you during this trying time. 

We assure you that we will give you the personal attention you deserve right from the start. Seeking counsel from an experienced personal injury attorney will help you reduce the stresses you are feeling now while we build a case to bring you the justice you deserve. 

Visit the link to learn how to hire a personal injury lawyer. 

Medical Personal Injury Tips

Personal injury claims and lawsuits focus on, you guessed it, your personal injury! Your injury is the focus of the entire claim. Without the injury, there is no cause for a personal injury case. Let’s now focus on personal injury advice as to why seeking medical attention is one of the most important steps to take after an accident. In this section, we discuss medical personal injury tips right from WKW’s personal injury attorneys.

Why Seek Medical Attention?

Your health and safety are the priority, so let’s look at why seeking medical attention is so crucial after an accident.

Discover Unexpected Conditions

Accidents are unexpected and not always something that you can plan for. After an accident, you may experience immediate stress. The result: your body protects itself momentarily so you can focus on survival.

The body goes through a lot in order to keep you alert so you can respond to danger. As all of these bodily responses are happening, the body essentially puts aside current pain to protect itself from incoming danger. 

For example, after a car accident, you may not even notice a gash on your head because your brain is urging your body to move out of the way of an oncoming car on the road. Maybe you broke your hand when thrown back in by an exploding gas line, but you didn’t notice because your main concern was escaping the fire, not treating your hand. The car is a bigger threat than a cut, just as the fire is a bigger threat than a broken hand. Pain may be temporarily unnoticed because you are in flight or fight response. 

When you seek medical attention after an accident, it’s not just to tend to the obvious injuries. It’s also to reveal any injuries you may not even know because your body is in a stress response mode. Medical professionals can run tests to determine any health conditions you may have. 

Continue to go to check-ups, too. Injuries may reveal themselves weeks or even months after an accident. Traumatic Brain Injuries (TBIs) may have either immediate or latent effects. Seeking medical care is necessary and should be taken seriously.

Medical Bills

As discussed before, the cost is one of the main deterrents for people needing medical care. That’s what your personal injury attorney is here for. Even though you and your insurance company will cover the upfront costs, we fight for your compensation so that you can be reimbursed for your medical bills.

Don’t let the financial burden of medical expenses hinder you from seeking treatment. Instead, get the care you need and let us work to recover the damages you lost in this process. If you do not seek medical care right away, your pain may worsen as time goes on and may hurt your chances for full compensation. We want to ensure you are safe. Seek medical attention, regardless of the cost.

Medical Evidence

Medical visits are an excellent way to document the events of the accident leading up to and following your claim. Hospitals and clinics keep records of every visit you make. You can then have evidence such as:

• Dates of your initial injury and all follow-up appointments
• Professional evaluation of your injuries
• Diagnosis
• Prognosis 
• Medication history
• Disability information
• Pain management plans
• Risk of complications

Having detailed doctor’s notes might help you build a compelling case. Documentation serves as convincing evidence of how painful and severe your injury is. 

Personal Injury Compensation Guidelines

Medical bills can be expensive, but the personal injury attorneys at WKW have the knowledge and experience you need to recover compensation for damages. You can recover two types of damages: special and general damages, also known as economic and non-economic damages.

Some of the compensation you may be eligible for includes:

• Medical bills
• Transportation costs
•  Lost Wages
• Property damage
• Rehabilitation costs
• Medical equipment such as wheelchairs, knee braces, crutches, etc.

You can also be compensated for other types of damages outside of medical evidence, such as:

• Pain and suffering 
• Loss of companionship
• Disfigurement
• Reduced quality of life
• Chronic Pain compensation
•  Compensation for anticipated residual effects of your injury
• Loss of earnings
• Household assistance
• And more

The amount of compensation you receive depends on your injury and losses. Talk to a personal injury attorney at WKW today to find out how much you may be eligible to recover. 

Contact a WKW Personal Injury Attorney Today

We hope this list of personal injury advice can help you if you are injured in an accident caused by someone else’s negligence. Contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham today. The lawyers at WKW can help you during this difficult time. . Call 317.669.9983 or fill out an online contact form for a free, no-obligation case evaluation. We look forward to hearing from you!

What to Do After a Personal Injury?

If you have been injured, try to stay calm and follow these steps to help you prepare for a personal injury case.

Seek Medical Attention

The first thing you should do after being injured? Seek medical attention.

Go to the emergency room, your general physician, or a healthcare clinic as soon as possible—and if necessary, of course, call an ambulance at the scene of the accident. Any delay in going to the hospital could have repercussions on your health or legal case. Most insurance companies consider getting medical attention within 72 hours after the injury to be a reasonable time frame.

As you speak with your doctor, mention all issues and pain, even if you think they are minor. On the other hand, however, do not embellish or exaggerate. Just be honest with your doctor and follow their orders.

Avoid Speaking About Your Case

The only people you should discuss your case with are your doctor and your attorney. Whenever you talk about your case—whether to an insurance agent or opposing attorney—your attorney should be present.

Additionally, be careful when telling your friends and co-workers about your injury. Pay attention to what you say, and don’t give away details.

Gather Evidence and Documentation

In a personal injury case, you and your attorney must prove that you were injured due to someone else’s negligence. To do so, you must provide evidence and documentation.

Collect records and documents of everything pertaining to your case: medical records, police reports, witness contact information, photographs, etc. You should also write a document detailing what happened before, during, and after the accident in your own words to help you recall the events later.

Keep all evidence and documentation until after your case is completely closed.

Pay Attention to the Statute of Limitations

In Indiana, the statute of limitations for personal injury cases is two years. This time frame means that you have two years from the date of your accident to file a personal injury lawsuit. Some exceptions to this limit apply.

Obtain Legal Representation

After you have received medical attention, you should find and retain an experienced personal injury attorney. You need someone who has your best interests in mind to help you build your lawsuit.

Think about it this way: Insurance companies and other defendants will have legal counsel. You should, too.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured due to someone else’s negligence and are considering pursuing a personal injury lawsuit, contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve and will be with you every step of the way.

Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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