7 Steps to Take After a Personal Injury for Maximum Legal Protection

by | Nov 27, 2024 | Personal Injury

Accidents happen when we least expect them. Whether it’s a car accident on a busy street or a slip and fall at your favourite local store, the aftermath can feel overwhelming. Taking the right steps immediately can make all the difference—not just for your recovery but also for protecting your legal rights and securing fair compensation.

This guide walks you through 7 essential steps to take after a personal injury, designed to help you protect your health, strengthen your case, and move forward with confidence.

1. Move to Safety and Avoid Further Harm

Your safety is always the top priority after an accident. If you’re in traffic after a car collision, move to a safe area like the shoulder of the road, provided it’s safe to do so. Similarly, in a slip and fall, step away from the hazard to avoid further injury.

Imagine this scenario: You’ve been in a car accident on a busy road. Staying in the middle of traffic puts you and others at risk of further harm. Moving to a safe spot allows emergency responders to secure the scene and ensures the situation doesn’t worsen.

If someone has a possible spinal injury, avoid moving them unless absolutely necessary. Once immediate risks are under control, focus on addressing injuries and documenting the incident.

2. Seek Medical Attention Promptly (Don’t Let Symptoms Catch You Later)

Even if you feel fine, some injuries—like concussions or internal bleeding—may not show symptoms immediately. Waiting to see a doctor could not only put your health at risk but also weaken your legal claim.

For example: Imagine you feel fine after a fall but wake up the next day with severe back pain. Seeking medical attention right away ensures that hidden injuries, like whiplash or internal bruising, are identified and treated early. Medical records also create a timeline of your injuries, which is critical when dealing with insurers.

Follow your doctor’s advice, attend follow-ups, and keep detailed records. These steps will help your recovery and prove the seriousness of your injuries.

3. File an Official Report (The Facts Matter)

Filing a report with the right authority is crucial for protecting your legal rights. In most cases, this means reporting the incident to the police, your employer, or the property owner.

Here’s why this matters: Let’s say you’re involved in a minor car accident and decide not to call the police because the damage seems minimal. Weeks later, the other driver claims significant injuries and blames you. Without a police report, it becomes your word against theirs. Filing an official report ensures the facts are documented and can protect you from false claims.

Always review the report for accuracy and ask for a copy for your records.

4. Gather Evidence at the Scene (Your Phone Is Your Best Tool)

Think of your phone as your best tool right after an accident. Use it to take photos of visible injuries, property damage, and environmental details like poor lighting or wet floors.

For example: You’ve just slipped on a wet floor in a grocery store with no warning sign. Taking a photo of the spill and its surroundings immediately could be the difference between proving negligence or losing your case. Make sure you also take photos of your injuries and get the names of any witnesses who saw the incident.

Collecting this type of evidence strengthens your case and provides a reliable account of what happened.

5. Be Selective About What You Say (Let the Evidence Speak for You)

What you say immediately after an accident matters. Stick to the basics: your name, contact info, and insurance details. Avoid saying things like, “I didn’t see you” or “I’m sorry,” as they could be taken as admitting fault.

Imagine this: After a minor fender bender, you say, “I didn’t see you there.” The other driver could use this as evidence that you weren’t paying attention, even if the accident wasn’t your fault. Let the evidence and official reports speak for you instead of making speculative statements.

This approach protects you from unnecessary blame and ensures the facts remain clear.

6. Hire a Lawyer (Because Google Isn’t a Lawyer)

Navigating the legal side of an accident can be tough, especially when you’re trying to recover. That’s where a personal injury lawyer comes in. They’ll handle everything from negotiating with insurance companies to gathering evidence and meeting deadlines.

Here’s why this is important: You could spend hours researching personal injury laws online, but the details can be complex and vary depending on your location. A lawyer knows exactly what steps to take and will save you time, stress, and potentially costly mistakes.

Choose a lawyer who specialises in personal injury cases. Their expertise ensures you receive fair compensation and protects your legal rights.

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7. Stay Off Social Media (Your Case Depends on It)

Social media posts might seem harmless, but they can easily hurt your case. Insurance companies and opposing lawyers often look for posts that contradict your claims.

Imagine this scenario: You’re recovering from a car accident and post a picture of yourself hiking. Even if the hike was short and didn’t strain you, insurers could use it as evidence to question your injury claim. Staying off social media protects you from these types of misinterpretations.

Keep your case details private and share them only with trusted professionals like your doctor or lawyer.

Conclusion

By following these 7 essential steps, you’re safeguarding your health, protecting your legal rights, and building a strong foundation for your personal injury claim. Taking immediate action—like seeing a doctor, gathering evidence, and hiring an experienced lawyer—puts you in the best position for success.

Call to Action

If you’ve been injured, don’t leave your case to chance. Contact LaViolette Law Group today for personalised legal advice and representation. Their experienced team is here to help you secure the compensation you deserve.


FAQs

1. What should I do if I can’t afford medical treatment after a personal injury?

If you’re unable to afford medical treatment after a personal injury, there are several options available to ensure you receive the care you need:

  • Free or Low-Cost Clinics: Look for free or low-cost medical clinics in your area that provide services for uninsured or low-income individuals. Community health centres often offer affordable care.
  • Health Insurance: If you have health insurance, use it to cover initial treatments. Even if the accident wasn’t your fault, delaying treatment can harm your recovery and your personal injury claim.
  • Medical Liens Through a Lawyer: If you’re working with a personal injury lawyer, they can arrange a medical lien with healthcare providers. This agreement allows you to receive treatment immediately, with payment deferred until your case is resolved.
  • Payment Plans: Some doctors and hospitals offer payment plans that allow you to spread costs over time, reducing financial strain.

Seeking medical care promptly not only protects your health but also strengthens your legal case by documenting your injuries.

2. How do I know if I need a lawyer for my personal injury case?

Determining whether you need a lawyer depends on the complexity and circumstances of your case. Here are some situations where hiring a personal injury lawyer is highly recommended:

  • Severe or Long-Term Injuries: If your injury requires ongoing treatment, rehabilitation, or results in permanent disability, a lawyer can calculate the true value of your claim, including future medical costs and lost wages.
  • Disputes Over Fault: If there is disagreement about who caused the accident, a lawyer can gather evidence, consult experts, and argue your case effectively.
  • Insurance Company Tactics: Insurance companies often try to minimize payouts by disputing claims or offering low settlements. A lawyer can negotiate with the insurer on your behalf and ensure you’re treated fairly.
  • Legal Deadlines: Personal injury cases have strict filing deadlines, which vary depending on the type of claim and location. A lawyer ensures you don’t miss these critical timelines.

To better understand if pursuing your case is worth it, check out 5 Factors to Decide if Your Personal Injury Claim is Worth It.

If you’re unsure whether your case warrants legal representation, most personal injury lawyers offer free consultations to help you evaluate your situation.

3. What evidence should I collect if I couldn’t document the scene right after the accident?

If you were unable to collect evidence at the scene due to your injuries or other circumstances, you can still gather important documentation later:

  • Surveillance Footage: Contact nearby businesses or property owners to request security camera footage that may have captured the accident. Act quickly, as many systems overwrite recordings after a short period.
  • Witness Statements: Reach out to witnesses who were present at the scene. Ask them to provide written or recorded statements about what they saw. Be sure to collect their contact information.
  • Police Reports: Obtain a copy of the official police report, which can provide details about the accident, fault determinations, and witness accounts.
  • Photographs of the Scene: If you can revisit the location, take photos of relevant details, such as road conditions, traffic signs, or hazards that may have contributed to the accident.
  • Medical Records: Your medical records can act as evidence of the injuries sustained and their severity, especially when tied to a specific date and incident.

Even if immediate evidence collection wasn’t possible, taking proactive steps to gather this information later can significantly strengthen your claim.

Hi, I’m Laurie C. LaViolette

A senior solicitor at LaViolette Law, and I’ve been practicing law in the HRM for over 27 years. My focus is on Personal Injury, Disability Claims, Estate Planning, and Real Property law. I take pride in providing attentive, detailed service, and I enjoy building long-term relationships with my clients. If you’d like to get in touch, feel free to contact me directly!

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