September 3, 2024 While only roughly 12% of people in the US will ever experience a personal injury, it can be an overwhelming and life-changing event. Whether it’s a car accident, slip and fall, workplace injury, or product liability, knowing what to do following the event can make a significant difference in your recovery and the potential legal actions you may pursue.
At Cellino Law, we understand the importance of acting swiftly after sustaining any personal injury. Here, we’ve outlined the essential steps you should take to protect your health, well-being, and legal rights.
1. Report The Accident To Proper Authorities
While at the scene of the accident or shortly after, it’s important to report the incident to the appropriate authorities. Depending on the nature of your injury, this may involve:
- Car Accident: Call 911 while at the scene to request an officer’s presence for an official report. Ensure that you obtain a copy of the police report.
- Workplace Injury: Inform your employer immediately and fill out any required incident reports for worker’s compensation.
- Slip and Fall: Notify the property owner or manager and request that they document the incident.
- Product Liability: Contact the vendor or manufacturer to alert them of the incident. Research the product that injured you to see if there are any active recalls or known cases of your injury as a result of product use.
Why It’s Important: Filing an official report creates essential documentation for your case, providing evidence and ensuring that responsible parties are aware of the incident, preventing any disputes over the facts later on.
2. Seek Medical Attention Immediately
Your health and safety should be your top priority after an injury. Even if you believe your injuries are minor, it’s essential to seek medical attention as soon as possible. Some injuries may not be immediately apparent but could become more serious if left untreated.
Why It’s Important: Medical records provide crucial evidence for personal injury claims, while timely diagnosis and treatment can prevent complications and speed up recovery.
3. Gather Evidence
Collecting evidence is the foundation in building a solid personal injury case. The more relevant information you can gather, the stronger your claim will be.
Types of Admissible Evidence:
- Photographs & Videos: Take pictures or videos of the accident scene, your injuries, and any property damage.
- Witnesses: Collect contact information from any witnesses who saw the incident occur.
- Documents: Keep copies of all medical records, police reports, correspondence with insurance companies, and any other relevant documents.
Why It’s Important: Strong evidence not only establishes liability and proves the extent of your damages but also enhances your leverage in settlement negotiations with insurance companies.
4. Avoid Making Statements
Immediately following an injury, you may be contacted by insurance adjusters or representatives of the at-fault party. While it may be tempting to offer up your side of the story, avoid making any statements or signing any documents without consulting with an attorney.
Why It’s Important: The insurance adjuster’s job is to settle your case for as little money as possible. By giving a statement, you may be offering information that can devalue your claim. An attorney helps protect your rights by advising you on what to say or handling statements on your behalf, ensuring you avoid making potentially harmful or misconstrued comments.
5. Keep Detailed Records
Maintaining a detailed record of all events and expenses related to your injury is essential for your case.
What to Record:
- Medical Treatments: Document all visits to doctors, specialists, therapists, and any prescribed treatments or medications.
- Time Off Work: Keep track of any days missed from work due to your injury.
- Pain and Suffering: Maintain a personal diary logging your pain levels, emotional distress, and how the injury has impacted your daily life.
- Expenses: Save receipts for any out-of-pocket expenses related to your injury, such as transportation costs, medical bills, and home modifications.
Why It’s Important: Detailed records quantify your losses and substantiate your compensation claim, providing essential evidence for negotiations or court.
6. Consult with a Personal Injury Attorney
Navigating the legal complexities of any personal injury case can be daunting, especially if multiple parties are involved. Consulting with an experienced personal injury attorney can help you to ensure your rights are protected and maximize your claim recovery.
Why It’s Important: An attorney provides sound advice, helps you understand your rights, and guides you through the legal process. They maximize compensation by negotiating with insurance companies and handle all legal procedures, allowing you to focus on your recovery.
7. File a Personal Injury Claim
If you decide to pursue compensation, your attorney will help you file a personal injury claim against the responsible party. This typically involves:
- Drafting a Complaint: Your attorney will draft a legal document outlining your claims and the damages sought.
- Negotiation: Before going to trial, your attorney may attempt to negotiate a settlement with the at-fault party’s insurance company.
- Litigation: If a fair settlement cannot be reached, your attorney will prepare to take your case to court.
Why It’s Important: Filing a claim formally seeks compensation for your injuries and losses while holding responsible parties accountable for their actions.
8. Follow Through with Medical Treatments
Seeking initial medical treatment after your injury oftentimes isn’t enough to signal to the insurance company that you’re seriously injured. Many worry about the onslaught of medical bills that will accompany ongoing medical treatments, but following through will ensure that you are on the proper road to recovery and help to strengthen your claim.
Why It’s Important: Ongoing treatment records demonstrate your commitment to recovery, avoid gaps that could undermine your claim, and help accurately assess the long-term impact of your injury.
9. Stay Informed and Involved
Stay informed about the progress of your case and remain involved in the process. Regular communication with your attorney will ensure that you are up-to-date and prepared for any developments.
Why It’s Important: Knowing the status of your case enables informed decision-making and helps you set realistic expectations by understanding potential outcomes and next steps.
Cellino Law Is Here To Help
At Cellino Law, we understand the toll that a personal injury can have on a person’s life. Our team of experienced and knowledgeable attorneys have helped personal injury victims all across New York to recover the compensation they deserve.
With over $2 Billion in settlements recovered for our clients, Cellino is a name you can trust to handle your personal injury claim. For a free consultation, call us at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.