What to Do Immediately After a Personal Injury

The Tourigny Law Firm, LLC
Injured women sitting in attorney office discussing her case

At The Tourigny Law Firm, LLC, located in Kansas City, Missouri, we understand that suffering a personal injury can be both traumatic and overwhelming. Whether it’s due to a car accident, slip and fall, workplace injury, or another incident, the steps you take immediately afterward can impact your ability to recover compensation for damages.

Staying calm and focused during the aftermath of an injury is critical. The moments following an incident can be chaotic, but knowing how to respond can help safeguard your rights. Here, we'll outline the important steps to preserve your legal options, obtain medical care, and strengthen your case if you choose to pursue legal action.

Seek Medical Attention Right Away

The first and most important thing you should do after an injury is to seek medical attention. Even if your injuries seem minor at first, it’s crucial to get evaluated by a healthcare professional as soon as possible. A medical professional can assess your condition, identify any underlying issues, and provide necessary treatment.

Additionally, seeking medical attention immediately assures that your injuries are documented. This documentation will be vital for building your case later, as it provides a clear record of your injuries and their severity. Without prompt medical treatment, it could be harder to establish a connection between the injury and the accident in question, which can weaken your case.

After attending to your immediate medical needs, it’s time to notify the relevant authorities and your insurance company.

Notify the Relevant Authorities and Your Insurance Company

Another crucial step is to notify the appropriate authorities about the incident. If the injury occurred in a public place or as part of a traffic accident, it’s important to report it to law enforcement or other relevant agencies. This establishes an official record of the event, which can be invaluable if you need to prove the details of the incident later.

Additionally, contact your insurance provider to report the injury and start the claims process. Be sure to provide an accurate and clear description of the event without admitting fault. The more timely and thorough your communication, the better your chances of having your claim handled efficiently. Once you’ve notified the relevant parties, it’s time to gather evidence.

Document the Scene and Gather Evidence

Gathering evidence immediately after an injury is critical in supporting your claim. If you’re able, take photos of the scene, your injuries, and any damage that resulted from the accident. This includes photographs of the environment (e.g., a dangerous condition or obstruction) or of any vehicles involved. The more details you can capture, the stronger your case will be.

Some important evidence to collect includes:

  • Contact information for any witnesses who saw the incident occur

  • Copies of medical reports and bills

  • Photos of injuries or property damage

  • Accident reports from the police or other authorities By documenting everything while the details are fresh, you create a stronger foundation for your case.

After gathering evidence, the next step is to maintain detailed records of your medical treatments and expenses.

Keep Detailed Records of Medical Treatments and Expenses

As you begin your recovery, it’s important to maintain accurate records of your medical treatments, appointments, and any associated expenses. This includes doctor visits, hospital stays, physical therapy, prescription medications, and any out-of-pocket costs. 

Having a complete record of your medical care won’t only help make sure that you’re reimbursed for your expenses but also provide evidence of the severity of your injuries.

Some key factors to keep in mind include:

  • Tracking all medical visits and treatments, including diagnostic tests or procedures

  • Keeping receipts for any out-of-pocket expenses related to your injury

  • Documenting any time missed from work due to the injury By maintaining thorough records, you help establish a comprehensive timeline of your recovery and financial losses, which will be crucial in securing fair compensation.

After maintaining detailed records of your medical treatments and expenses, it's equally important to understand the statute of limitations that applies to your personal injury case. This legal timeframe will dictate how long you have to file a claim or lawsuit after your injury, making it essential to stay within these deadlines to protect your right to compensation.

The Statute of Limitations for Your Case

Every personal injury case is subject to a statute of limitations, which is the period within which you must file a lawsuit. In most states, this period is between one and three years, depending on the type of injury and the state in which the accident occurred. Missing this deadline could result in losing your right to pursue a claim, regardless of the strength of your case.

It’s important to understand that the statute of limitations doesn’t just apply to filing a lawsuit in court; it can also affect the timeline for negotiating settlements. Having an attorney on your side can help make sure that you meet all relevant deadlines and don’t risk losing the opportunity for compensation.

After understanding the legal timeframes, it’s critical to explore all available sources of compensation.

Review Insurance Coverage and Consider Other Potential Sources of Compensation

In addition to filing a claim with your own insurance company, it’s important to review any other potential sources of compensation. If the injury was caused by another party’s negligence, their insurance may be liable for the costs associated with your injury. 

In some cases, you may also be able to pursue claims against third-party entities, such as manufacturers (if a defective product caused the injury) or employers (in the case of workplace accidents).

Your attorney will be able to investigate these potential sources of compensation and help you explore every avenue for financial recovery. This assures that you don’t miss any opportunity to seek the full compensation you need. Once you’ve explored all potential compensation sources, it’s important to understand the types of damages you may be eligible to claim.

Potential Types of Damages You Can Claim

When pursuing a personal injury claim, you may be entitled to a range of damages, including economic and non-economic losses. Economic damages cover tangible losses such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, include pain and suffering, emotional distress, and loss of enjoyment of life.

Understanding the types of damages available to you will help make sure that you seek appropriate compensation for all of your losses. Your attorney will assist you in calculating these damages and presenting evidence to support your claim for a fair settlement or judgment.

Once you understand the damages you’re seeking, be mindful of the need to avoid speaking to the other party’s insurance company without legal counsel.

Avoid Speaking to the Other Party’s Insurance Company Without Legal Counsel

It’s important to be cautious when communicating with the insurance company representing the party at fault for the injury. Often, insurance adjusters will contact you shortly after an accident and may try to get you to settle quickly for less than you’re entitled to. Avoid discussing the details of the accident or your injuries with them without consulting your attorney first.

Your attorney will be able to guide you on how to communicate with the insurance company and protect your interests throughout the claims process. By letting your attorney handle negotiations and communication, you can avoid the risk of inadvertently damaging your case. 

Once you’ve secured legal representation and understand the nuances of your case, you’ll be in a stronger position to pursue your claim.

Taking the right steps immediately after a personal injury can significantly impact the outcome of your case. From seeking medical attention and documenting evidence to contacting an attorney and understanding the statute of limitations, each action plays a crucial role in making sure that your rights are protected. 

Contact The Tourigny Law Firm, LLC Today

We’re committed to helping personal injury victims manage the legal process with care and compassion. If you or a loved one has been injured in Missouri, don’t hesitate to reach out to our attorney, Greg Tourigny at The Tourigny Law Firm, LLC for experienced legal guidance.