Accidents can happen, leaving you feeling overwhelmed, injured, and unsure of what to do next. Taking the right steps immediately can protect your health, legal rights, and financial recovery, whether a car accident, workplace injury, or slip and fall.
Reach out to an accident injury lawyer in St. Louis to understand how to protect your right to financial recovery following an accident.
You deserve strong legal support, so start assembling your team today and ensure you have the representation to defend your rights. Don’t wait too long to get the help you need—taking action quickly can make a significant difference in the outcome of your case.
Meanwhile:
Get Medical Attention Immediately
See a doctor immediately after an accident. Some injuries seem minor, so you might be tempted to skip the doctor’s visit, but doing so can be fatal to your legal claim and bad for your health.
Remember, some injuries, like whiplash, concussions, or soft tissue injuries, can manifest days or weeks after the crash. Other injuries, like traumatic brain injuries, internal bleeding, or organ damage, require a physical examination to detect. Check even minor injuries with a medical team.
Keep all medical records and bills as proof of your injuries. Medical records are key pieces of evidence for a legal claim.
Failing to seek medical care after an accident can give the insurance company the basis to argue that your claim for damages is not legitimate. Insurance companies may argue that your injury is not serious if you delay medical treatment.
Follow Up With Your Doctor and Complete Your Treatment Plan
Seeking medical attention immediately after the accident and following your doctor’s treatment plan recommendations are critical to your recovery and the success of your claim.
Insurance companies may argue that failure to complete your treatment plan means your injuries are not as severe as you claim. Do not give the insurance company any reason to delay or deny your claim.
Follow up with your doctor and complete your treatment plan, even if you feel fine.
Report The Accident To The Proper Authorities
After a car accident happens, report it to the police. The police report records the first narrative of how the accident happened. It might contain the responding officer’s impression regarding liability.
Insurance companies often use police reports as the basis of their investigation. Obtain a copy of the report and share it with your legal team. If the insurance company has a copy of the police report, you will also want one.
For workplace injuries, you should notify your employer of an accident and file a workers’ compensation claim.
If you suffered an injury on another person’s property or public property (i.e., a grocery store, retailer, etc.), inform the store manager, property owner, or landlord and request an incident report.
This is important because making a report creates an official accident record, making it harder for insurance companies to deny your claim.
Gather Evidence and Document Everything
Gather as much proof of the accident as possible and document everything.
Important pieces of evidence after an accident can include:
- Your injuries
- Property damage
- Proof of hazardous conditions (i.e., potholes, wet floors, broken stairs, lack of warning signs, etc.)
- Witness information and statements
- Details about the accident, including the date, time, weather conditions, and what happened
The more evidence you have, the stronger your claim if the insurance company disputes it.
Document everything. If possible, take photos and videos of your injuries, damages, and the accident scene. Collect witness statements and their contact details.
Track All Accident-Related Expenses
Keep track of all accident-related expenses, including lost wages, travel, home modification, and therapy or rehabilitation costs.
Track your expenses because many accident victims forget to claim these expenses, leading to lower settlements.
Share your expenses with an attorney to estimate what a proper settlement offer from the insurance company will entail.
Contact The Insurance Company, But Avoid Admitting Fault
Notify your insurance company after getting into an accident. If you suffered an injury in a car accident, your policy might require you to notify the company to remain in compliance with the terms of your policy.
Avoid admitting fault. Even innocent statements like “I’m sorry” or “It was my fault” can hurt your claim. Instead, stick to the facts when speaking to the insurance company, witnesses, or the police.
Do not speculate about your injuries with insurance adjusters. Do not accept a lowball initial settlement offer. Speak to an attorney before you talk to an insurance company. It can save your legal claim.
Time is of the essence after an accident. State law can limit an injured person's time to sue or settle their claim. Get legal counsel immediately after an accident to protect your case and ensure you don't lose the right to sue on technical grounds.
Keep Records of All Expenses and Losses
You must show the losses you sustained in the accident. This evidence helps determine how much compensation you recover.
Examples of necessary information to gather after an accident include:
- Pain and suffering - Keep a journal after an accident to document the mental and emotional toll of your injuries. Write about your physical pain and the emotional struggles that you have faced since the accident.
- Property damage costs - Keep track of repair or replacement costs for damaged vehicles or belongings.
- Lost income - Track any missed workdays due to the injury. Additionally, track how the accident has reduced your ability to work in the same industry.
- Medical bills and prescriptions - Keep copies of all hospital visits, doctor’s notes, and treatment costs.
Avoid Social Media
Always avoid posting about the accident or your injuries. Although social media is a big part of most people's lives, opponents can use it against you after an accident.
Insurance companies scour social media accounts for anything they can use against an injury victim. Pause all social media activity until the case concludes.
Consult a Personal Injury Lawyer
Consult a personal injury lawyer immediately after an accident. A lawyer can ensure you get the full and fair compensation you deserve. A lawyer will evaluate your claim and ensure you do not leave any money on the table. Here is how a lawyer’s help can affect your accident claim.
Communicate and Negotiate on Your Behalf
A personal injury lawyer will handle all communications and negotiations with your insurance company.
Insurance companies may pressure you into accepting a settlement that doesn’t fully cover your losses, making the process intimidating. A lawyer will reduce the chances of you leaving money on the table after an accident.
A lawyer will also handle the communications with an insurance company on your behalf. Phone calls, letters, and emails from the insurance company can get overwhelming.
Having an attorney means that you can focus on your recovery instead of handling the legal side of the process.
Be Prepared For a Possible Lawsuit
If the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary. Your attorney will handle negotiations, depositions, and court proceedings if needed.
Most personal injury cases settle before trial, but preparing to sue increases leverage. Insurance companies take lawyer-backed claims more seriously and are more likely to offer a fair settlement.
Get an Independent Medical Opinion
If your injuries are not taken seriously in a workplace accident, seek a second medical opinion. Insurance companies may pressure you to see their doctors, who might downplay your injuries.
An independent doctor can provide unbiased medical documentation. Insurance doctors often look for reasons to minimize payouts, so having another opinion can protect your case.
Be Wary of Surveillance and Private Investigators
Insurance companies sometimes hire private investigators to watch claimants. Be mindful of your actions in public and what you post online.
Avoid exaggerating injuries, but do not push yourself too hard. This is important because if investigators capture you doing something that contradicts your claim, it can ruin your case.
Always remain truthful and cautious, as anything you do may hurt the validity of your claim.
File Your Claim Before The Deadline Passes
You must file your insurance claim or lawsuit promptly or risk dismissal. The statute of limitations limits how long an injured person has to seek financial compensation from a defendant.
Each state has its time limit for filing a personal injury lawsuit. You lose your right to compensation if you miss the deadline. Filing early gives your lawyer time to gather evidence and build a strong case.
Compensation Is Available After an Accident?
The amount of compensation available after an accident depends on the circumstances surrounding the accident. Generally, the damages that you might recover fall into these categories:
Economic Damages
Economic damages include the tangible and physical losses an accident victim might suffer after an incident. Economic damages are usually indefinable, but working with an attorney is the best way to ensure you spot each loss and get everything you deserve after an accident.
Examples of common economic damages include:
- Current and future medical expenses, including the cost of physical therapy, rehab, and long-term care
- Current and future lost income
- Lost earning capacity, including the lost ability to return to work in the same industry or at the same rate
- Property damage
Non-economic Damages
Non-economic losses include the intangible losses an accident victim might face because of their injuries. These losses are usually not easy to identify, so working with an attorney is the best way to get what you deserve after an accident.
Here are some common examples of non-economic damages:
- Pain and suffering
- Emotional and mental anguish
- Loss of enjoyment of life
- Lost quality of life
- Permanent disability and disfigurement
- Loss of companionship and consortium
Since these damages are harder to calculate, working with an attorney can help ensure fair compensation. An attorney will use their experience to accurately assess the impact of your injuries and fight for the best possible outcome on your behalf.
Punitive Damages
The court awards punitive damages for the defendant's outrageous or extremely reckless actions. They punish the defendant and deter them from acting similarly again. Discuss the availability of punitive damages for your case with an experienced personal injury attorney.
Common Mistakes to Avoid After an Accident
Some common mistakes that accident victims make include the following.
To protect your legal rights after an accident, avoid these mistakes:
- Waiting too long to file a claim
- Not consulting a personal injury attorney
- Not tracking medical expenses or other bills
- Accepting the first settlement offer
- Talking too much to the insurance company
Contact a Personal Injury Lawyer Today!
After an accident, it is easy to make mistakes that can weaken your case, delay compensation, or even prevent you from recovering damages altogether.
Insurance companies look for any reason to minimize or delay your claim. You must document everything and work with a personal injury attorney to protect your rights.
Contact a lawyer today to get started down the right track after an accident. You do not have to navigate this process alone. An experienced lawyer will provide the guidance and support you need to protect your rights and secure the compensation you deserve.
Call an experienced personal injury attorney today!
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