Initial Steps After An Injury

Anyone considering a legal claim after an accident or injury must be able to answer two critical questions:
  • What happened during the incident that gave rise to the claim?
  • What kind of harm resulted?
These issues may be easily recalled soon after the incident. However, a lawsuit can last a year or more and, with time, memories begin to fade and/or change. Creating a clear record of what happened will contribute dramatically toward the success of any claim. One of the best ways to preserve the important details of an accident or injury is to take notes as soon as possible after the incident. The injured person, or a family member, should write down everything relating to:
  • What happened before, during, and after the incident -- time and place, weather conditions, who was present, what was said, how the incident played out, and what was experienced and felt.
  • Extent of the injuries -- what injuries were suffered (physical and mental), medical treatment received (past and future), and the effect of the injuries on the person's work, social, and personal life. This includes visits to the doctor and physical therapist, time missed from work, any planned vacations that were postponed or cancelled, and the effects that the injuries have had on family relationships.
New developments should be tracked by taking notes after any conversations with insurance companies, medical care providers, witnesses to the incident, or anyone else with whom important aspects of the case were discussed. This log should include each person's name, contact information, the date and place of the conversation, and as much detail as possible about what was said. The day to day details of how the injuries impact all aspects of life should also be recorded. Such notes will help ensure that fair and adequate compensation is received.

Preserving physical evidence of the incident and any injuries is another important factor in supporting a legal claim. It is important to do this as soon as possible after the incident as circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time. Every physical item should be preserved, including torn clothing, broken equipment, copies of medical records/bills, and copies of property damage estimates and repairs.

Preserving physical evidence may not always be possible in every case. In these situations, the best option is to take clear and detailed photographs of the area where the injury occurred. These should be taken from multiple angles under the same conditions present at the time of the incident (i.e. time of day, lighting, and weather). Photos should also be taken of any injuries sustained and any property damage resulting from the incident.