What to Do After an Injury: A 10-Step Guide
A serious injury can happen without warning. Whether you have been hurt in a car or truck crash, oilfield or refinery accident, workplace explosion, construction accident, defective product failure, or another type of incident, the decisions you make afterward can affect both your recovery and your ability to pursue compensation.
After an injury, your priorities should be getting appropriate medical care and protecting your health. At the same time, taking practical steps to document what happened and preserve important evidence can help protect your legal rights.
At Gilbert Adams Law Offices, we represent personal injury victims throughout Southeast Texas and statewide. The following 10-step guide explains what to do after an injury and how to protect yourself during the days and weeks that follow.
1. Get Emergency Medical Attention
Your health should come first after an accident. If you have suffered a serious injury, call 911 or go to an emergency room as soon as possible. Follow the recommendations of emergency personnel and your doctors.
Even injuries that initially seem minor may require medical attention. Adrenaline and shock can mask symptoms, and some conditions may not become apparent until hours or days after an accident. Traumatic brain injuries, internal injuries, whiplash, and certain soft-tissue injuries are examples of conditions that may not always be immediately obvious. Whether you visit urgent care or your primary care physician, getting a medical evaluation is not something you should put off. We can put you in touch with a doctor if you don’t have someone to see.
Tell your medical providers about all of your symptoms, even if they seem unrelated or relatively minor. Medical records created soon after an accident can also help establish the connection between the accident and your injuries.
2. Report the Accident
Depending on where and how the injury occurred, report the accident to the appropriate authority or responsible party.
For a motor vehicle collision, contact law enforcement and make sure an accident report is prepared. For a workplace accident, follow the employer’s reporting procedures and notify the appropriate supervisor. If you were injured on someone else’s property, report the incident to the property owner, manager, or responsible employee.
A report creates an important record of when and where the accident occurred. Ask how to obtain a copy of the report and keep it with your other records.
3. Document the Accident Scene
If your physical condition allows, document the accident scene as soon as possible. Take photographs or video of the surrounding area, damaged vehicles, equipment, property conditions, visible injuries, warning signs, and anything else that may help explain what happened.
For a workplace or industrial accident, photographs of machinery, safety equipment, work areas, and other relevant conditions may become important evidence. In a car or truck crash, photographs can show vehicle damage, skid marks, road conditions, traffic signals, debris, and other details that may disappear or change.
Do not put yourself in danger to collect evidence. If you are unable to document the scene yourself, a family member or another person may be able to help.
4. Collect Contact Information From Witnesses
Witnesses can provide valuable evidence about how an accident occurred. If possible, obtain the names and contact information of people who saw the accident or arrived shortly afterward.
Witness testimony can become particularly important when the parties disagree about what happened. A witness may be able to describe a driver’s conduct before a crash, a dangerous condition on a property, an equipment failure, or safety problems at a job site.
Do not assume that someone else will preserve this information. If you have the opportunity to obtain witness information safely, make a record of it while the details are fresh.
5. Follow Your Treatment Plan
After receiving initial medical care, follow your healthcare providers’ recommendations. Attend follow-up appointments, complete recommended physical therapy or rehabilitation, and take medications as prescribed.
If your symptoms change or become worse, notify your medical provider. If you experience side effects or cannot follow part of your treatment plan, communicate with your provider rather than simply stopping treatment.
Gaps in medical care can create questions about the severity of an injury or whether the accident caused ongoing symptoms. Consistent treatment also provides documentation of the continuing effects of your injuries.
6. Keep Records of Your Injuries and Expenses
Create a file for accident-related documents and keep it updated. Medical records and bills are important, but they are not the only information that may be relevant to a personal injury claim.
Keep documentation of prescription costs, medical equipment, transportation to appointments, rehabilitation expenses, and other out-of-pocket costs. You should also maintain records concerning time missed from work, reduced income, and any changes to your ability to perform your job.
Consider keeping a personal journal describing how your injuries affect your daily life. Document pain, sleep difficulties, emotional distress, physical limitations, missed activities, and other changes caused by the injury. These records can help demonstrate losses that are not reflected on a medical bill or paycheck.
7. Be Careful When Speaking With Insurance Companies
After an accident, an insurance adjuster may contact you quickly. The adjuster may ask questions about the accident, your injuries, medical treatment, and other circumstances.
You should be truthful when communicating with insurance companies, but you should also be cautious about providing recorded statements or making statements about fault or the extent of your injuries before you understand your legal rights.
Insurance companies have a financial interest in resolving claims for as little as possible. An adjuster may ask seemingly simple questions that could later be used to dispute liability or minimize your damages.
If you have suffered a significant injury, consider speaking with a personal injury attorney before providing a recorded statement to an opposing insurance company or accepting a settlement.
8. Avoid Posting About the Accident on Social Media
Social media posts can become evidence in a personal injury case. Photographs, comments, videos, check-ins, and other online activity may be taken out of context and used to argue that your injuries are less serious than you claim.
For example, a photograph showing you attending an event could be presented as evidence that you are not experiencing pain, even if you attended briefly and struggled physically throughout the event.
The safest approach is to avoid discussing your accident, injuries, claim, or potential lawsuit on social media. Be cautious about accepting new friend or follower requests from people you do not know, and do not assume that changing privacy settings will prevent posted material from being obtained or used in litigation.
9. Preserve Important Evidence
Evidence can disappear quickly after an accident. Vehicles may be repaired or sold, equipment may be replaced, surveillance footage may be overwritten, and accident scenes may be cleaned or altered.
Preserve photographs, videos, damaged personal property, correspondence, medical records, insurance documents, and other information relating to your accident. Do not repair, discard, or modify important physical evidence without first determining whether it should be preserved.
In more complex cases, an attorney may need to take additional steps to preserve evidence. This can be particularly important after workplace explosions, oilfield accidents, construction accidents, commercial truck crashes, and defective product incidents where multiple parties may possess relevant records.
10. Contact an Experienced Personal Injury Attorney
Not every injury requires a lawsuit or attorney involvement. However, legal representation can be particularly important when an injury is serious, another party may be responsible, an insurance company disputes your claim, or your injuries could affect your ability to work or enjoy your normal life.
A personal injury attorney can investigate the circumstances, identify potentially responsible parties, gather evidence, calculate damages, communicate with insurance companies, and pursue a claim when appropriate.
This can be especially important in cases involving multiple potentially responsible parties. A truck wreck, for example, may involve the driver, trucking company, vehicle owner, maintenance provider, or another party. An oilfield or construction accident may involve an employer, contractor, property owner, equipment manufacturer, or other company.
The sooner an attorney becomes involved, the sooner important evidence and potential claims can be evaluated.
What Not to Do After an Injury
The steps you take after an accident are important, but avoiding certain mistakes is equally important. Do not ignore symptoms simply because they initially appear minor. Do not exaggerate your injuries, either. Be honest and consistent with your doctors and others involved in the claim.
Do not sign a settlement agreement before understanding what you are giving up. A settlement may resolve your claim permanently, even if you later discover that you need additional treatment or have suffered greater losses than you initially realized.
You should also avoid speculating about who caused the accident. Determining legal responsibility may require evidence that is not immediately available at the scene.
Frequently Asked Questions About What to Do After an Injury
What should I do immediately after an accident in Texas?
Get medical attention, report the accident, document the scene if it is safe to do so, collect witness information, and preserve relevant evidence. You should also be cautious when communicating with insurance companies.
How soon should I see a doctor after an injury?
You should seek medical attention as soon as reasonably possible, particularly if you have symptoms or were involved in a serious accident. Prompt treatment can protect your health and help document the connection between the accident and your injuries.
Should I talk to the insurance company after an accident?
You should cooperate with your own insurer as required by your policy, but be cautious about providing recorded statements or detailed information to an opposing insurance company. Consider consulting an attorney before doing so if you suffered a significant injury.
What evidence should I collect after an accident?
Photographs and videos, accident reports, witness information, medical records, bills, employment records, insurance correspondence, and documentation of how your injuries affect your daily life may all be important.
When should I contact a personal injury lawyer?
Consider contacting an attorney as soon as possible after a serious injury, particularly if another party may be responsible, your injuries require substantial treatment, your ability to work has been affected, or an insurance company is disputing your claim.
Get Help Protecting Your Rights After an Injury
The period immediately following an accident can be overwhelming, but taking the right steps can help protect both your health and your potential personal injury claim. Prompt medical care, careful documentation, evidence preservation, and appropriate legal guidance can all make a difference.
Gilbert Adams Law Offices represents injury victims throughout Southeast Texas and statewide. If you or a loved one has been injured because of another person’s negligence, contact our office today to discuss what happened, understand your legal options, and learn how we can help you pursue the compensation you deserve.