We can all agree that injuries resulting from negligence are deeply frustrating. It can feel like your pain and suffering are magnified by how needless and preventable your injuries are. If you’re recovering from a severe injury, the only thing on your mind should be your recovery.
Unfortunately, you now need to protect your claim.
If it’s remotely possible that someone else caused your injury (or made it worse), then you need to act quickly in order to protect your case—even if you’re not sure about pursuing a lawsuit. No matter the circumstances, the following three steps will help make sure that if you pursue litigation, your rights and your credibility will be well-protected.
#1: Get Your Injuries on Record — See a Doctor
It's sad what happens to many injury victims:
They wait too long to see a doctor, believing their injuries are minor or will get better on their own. By the time they realize that the injuries aren’t going away, they go to see someone who lets them know about the long-term effects of the damage.
However, at this point, insurance isn’t convinced your injuries are from the accident you’re claiming. After all, it’s been weeks—you could have gotten your injuries from another event.
The case relies on hearsay because you never had a doctor check out your injuries immediately following the accident. There’s no medical record or official proof. Go see a doctor—you’ll not only create a body of evidence regarding your injuries, but you’ll demonstrate that you sought medical care in order to recover from your very real damages. It lends credibility to your claim early.
#2: Preserve the Story — Write Everything Down
Traumatic incidents are a whirlwind of circumstances, actions, and timing: recalling every detail of a car accident, slip and fall, or pedestrian accident from memory would be a feat for anyone, much less someone who was severely injured or traumatized. The more time passes between you and the accident that caused your injury, the more your mind is going to let go of potentially crucial details.
Here’s what you need to do:
- Get a notebook: it’s time to be your own reporter.
- Write down the 5 W’s of your accident: who was there, what happened, when it happened, why it occurred (facts, not speculation), and where it occurred. Record every detail you can recall, and write down the whole sequence of events in order as best as you can.
- Carry around the notebook: you might recall a small detail that makes a difference, and you never know when that might happen. Record everything. Lawyers and insurance adjusters both know what details matter, but to play it safe, you need to write down as many details as you can remember.
- Stick to the facts: Do not speculate. Write everything as factually and objectively as possible. It’s your lawyer’s job to fill in the blanks that led to your injuries. Write down only what you know for certain.
#3: Protect Your Rights — Avoid Insurance Calls
This may be the most crucial step:
If your insurance adjuster calls, be as factual as possible. Do not ever admit fault—even if you admit fault wrongly, an admission could severely limit your compensation. If they request your medical history, you can refuse access, or grant access to only your most recent records.
If another party’s insurance adjuster calls, do not speak to them. You can politely refuse to offer information, especially if you’re considering speaking to an attorney. In fact, once an adjuster knows that a client has a legal representative, they are obligated to directly contact them.
Why Hire a Personal Injury Lawyer?
If your injuries are far too severe to handle these tasks on your own, consider hiring a personal injury lawyer in Pasadena. Lawyers can speak on your behalf to all insurance companies while protecting your privacy and your rights. They can also make sure that you have created a credible body of evidence regarding your injuries while investigating the circumstances of your accident.
Most importantly, they can hold reckless and negligent parties accountable for your pain. Consider calling Gille Kaye Law Group, PC—we have 30+ years of combined experience fighting for the injured. We have proven results in both verdicts and settlements, helping our clients receive the financial security and medical treatment they needed.
Schedule a free consultation with our team. We handle all the expenses of your case and take no fee unless you win—call (626) 340-0955 today.