FIRST STEPS AFTER AN ACCIDENT 

Take Notes About the Incident and Your Injuries 

Two critical issues in any legal claim after an accident or injury are:

1. What exactly happened during the incident that gave rise to the claim?
2. What kind of harm resulted?
    

These issues will arise at many stages of a personal injury case, and more complex cases can last a year or more, so having a clear record to refer back to can contribute toward the success of your claim. One of the best ways to make sure that you preserve every important detail of your accident or injury is to take notes as soon as possible after the incident, including what happened and the effects of your injuries on your daily life. Although taking notes may be the last thing on your mind soon after what may be a traumatic experience, remember that it will help strengthen your position in a legal claim for your injuries. (Note: If you are unable to act quickly due to injuries or medical treatment, you might ask a loved one or close friend to help you follow the suggestions described below.) 

What to Write Down 

As soon as you can, write down everything you can think of that relates to:

• What exactly happened before, during, and after the incident that led to your injury -- time and place, weather conditions, who was present, what was said, how the incident played out, what you experienced and felt, and anything else that you feel may be important to record.
• Extent of your injuries -- what injuries you suffered (physical and mental), medical treatment you received (past and future), and the effect of your injuries on every aspect of your 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 your injuries have had on your close family relationships.
   

Take Notes Throughout the Claim Process 

As your claim progresses, continue to keep track of new developments by taking notes after any conversations with your insurance company, medical care providers, witnesses to the incident, and anyone else with whom you discuss important aspects of your case. Write down each person's name and contact information, the date and place of the conversation, and as much as you can remember about what was said. 

Preserve Evidence and Take Photos 

If you are involved in an accident or injury that may have been caused by someone's carelessness, preserving any physical evidence of the incident and your injuries can support your position in any legal claim you may decide to pursue. It is important to do this as soon as possible after the incident, because circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time. Though taking the time to do these things may be the last thing on your mind soon after what may be a traumatic experience, these actions can be very beneficial should you decide to pursue a legal claim for your injuries. (Note: If you are unable to act quickly due to injuries or medical treatment, you might ask a loved one or close friend to help you follow the suggestions described below.) 

What Should You Keep? 

The first step to take in protecting evidence of your injury is to make sure that every physical item is preserved, including torn clothing, broken equipment, and important documents. As an illustration, here are some steps to take after a number of common injuries: Motor Vehicle Accidents: After a car accident, take photos of the scene, your injuries, and any property damage. In addition, get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates and repairs records, and obtain a copy of any police report that is made (more on police reports). 

Defective Consumer Products : If you are injured by a faulty product such as a household appliance, be sure to preserve the item in the same condition it was in when the incident occurred. In addition, keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy. 

Obtaining and Using a Police Report 

A police report was probably generated if you have been involved in a motor vehicle accident or other incident to which a law enforcement officer responded. You are entitled to receive a copy of any such report, so it is a good idea to contact the responding law enforcement agency as soon as possible after the incident. If you know the name of the agency, locate them in the phone book or on the internet, and call them to request a copy of the report. You may need to pay a small fee to cover photocopying, and the agency may require that you appear in person to pick up the report. Some agencies will mail a copy of the report to you at no charge. How Can a Police Report Help in an Injury Case? 

While a police report itself probably will not be admissible in civil court proceedings, it can go a long way toward gaining negotiation leverage in any personal injury dispute. For example, during informal settlement discussions with opposing counsel or an insurance carrier, you or your attorney can use the facts and conclusions found in a police report to gain an advantage on such issues as:

• Circumstances of the incident, including the time of day, date, specific location, and weather conditions at the time.
• Preliminary assessment of fault, especially in motor vehicle accidents. For example, after a car accident a police report may contain a responding officer's observations as to which driver might have violated the state's vehicle code, or whose carelessness may have caused the accident.
   

In addition to providing leverage during discussions on central issues such as fault for an accident, police reports can contain the identifying information of anyone who might have witnessed the incident, or who arrived on the scene soon afterward. At a minimum, most reports will list the name and telephone number of witnesses and those at the scene, and in some situations the report may also contain witness statements about what happened. Having contact information for these people, and especially a record of their views as to what took place, can be a valuable asset for you and your attorney when proving what happened and who was at fault. 

After a Motor Vehicle Accident: What to Do 

Would you know what to do if you were driving and hit another vehicle? A pedestrian? When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and soon afterward. Following is a list of things that should be done, if at all possible, when any automobile accident occurs. Stay at the Scene 

The cardinal rule for all car accidents is that you should never leave the scene until it is appropriate to do so. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a "hit-and-run" driver. Exception: If you are hit by another car in a deserted area, use caution in stopping and getting out of your vehicle. Unfortunately, there have been reported incidents where a person exited their vehicle in a deserted or unsafe area after being bumped by another car only to be robbed or killed. Instead of getting out of the car if you find yourself in that situation, drive to the nearest police station to report the accident. If it turns out that you were being over-cautious and the other driver had no ill intentions, you may be embarrassed, but you will also be safe. 

Check on All Drivers and Passengers 

Before assessing property damage, check to make sure that everyone else involved in the accident is okay. Get medical attention for anyone who may need it. If a person is unconscious or complains of neck or back pain, it is best not to move them until qualified medical personnel arrive. In some situations, for example if an injured person is lying in a pool of gas that you fear may ignite at any time, you may have no choice but to move them. If you are in that type of situation, try to move them as steadily and slowly as possible while supporting their neck and back. The less movement, the better. Especially if the accident involves significant property damage, physical injury, or death, you may need to call the police. Ask that a police report be filed in situations where law enforcement officers do arrive at the scene, and obtain the name and badge numbers of any responding officers. 

Exchange Information

Talk to the drivers of any other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers' license numbers, license plate numbers, and basic insurance information. If there are passengers in any of the vehicles, obtain their names, telephone numbers, and addresses as well. In talking to drivers of other vehicles, you should try to be cordial and cooperative in determining that everyone is okay and in exchanging basic information. However, do not apologize for anything at the scene. If you jump out of your car and blurt out, "I'm so sorry I ran that red light! Is everyone okay?" you may back yourself into a corner in terms of legal liability for what happened. Immediately after an accident, the scene is chaotic and it might not be evident who was at fault, or who was more at fault, in causing the accident. Moreover, in many states, fault is not determinative of which insurer will pay for any loss. Therefore, try to keep your conscience in check, at least until things get sorted out, so that you don't admit guilt unintentionally or unnecessarily. 

Talk to Witnesses

 
Ask every witness what he or she saw. Get their names, telephone numbers or addresses, if possible. Whether the witnesses are residents of the area, businesspeople that work nearby, or passersby who were in the vicinity, try to talk to as many people as you can. Ask them, in particular, if they have ever witnessed other accidents in the same place. If a witness is hesitant to talk to you, don't beg or threaten them. Forcing information from someone will get you nowhere. Write down what they tell you and, if they agree, simply get their name and phone number so that you, your attorney, the insurance company, or the court can contact them again. Inform your insurance company 

As soon as possible, tell your insurance company that you have been involved in an accident. Cooperate with your insurance company and tell them the truth about what happened and the extent of your injuries. If the insurance company finds out that you have lied to them about anything, you can get into serious trouble, not the least of which may be the denial of any coverage for the accident. Build support for your case when discussing the matter with your insurance company. Be able to explain to them the facts of the case in a clear manner. Obtain and review a copy of any police report, so that you can point out to the insurance company who broke what traffic laws or who was at fault for the accident. Such information will often be provided in the report. Although the insurance company may already know the facts of your case, taking an active interest in making sure your rights are protected will force the insurance company to take you seriously. 

Keep Track of Your Medical Treatment 

Note any doctors, physical therapists, chiropractors, or other medical professionals that you receive treatment from, and each medical provider that referred you to other caregivers. Having a written diary of this information will help you itemize your medical expenses and treatment for your insurer, your attorney, and the court. 

Take Pictures 

Take photographs of any damage to your vehicle as soon as possible after the accident. Having photographic proof will help your insurance adjuster determine how much you should be compensated for the damages to your car, and may also assist your case in court, if needed. If you have pictures of your car from before the accident, these pictures will offer a great "compare and contrast" to show the true extent of the damage sustained in the accident. 

Get a Property Damage Valuation 

Obtain a valuation for damages to your car from your insurance company. If you are not satisfied with the manner in which your insurance company has valued your vehicle, do not give up. Get two estimates for the repair of your car on your own, or have two dealers provide a quote for the cost of replacing your vehicle if there was a total loss. Communicate to the adjuster your concerns and position, and be assertive. If you cannot agree on the value of your car, consider alternative dispute resolution, or consult an attorney. 

Use Caution in Discussing the Incident 

Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company under any circumstances, without the knowledge of your attorney or your insurance company. If representatives from other insurance companies should call you, be polite, but ask them to call your attorney or insurance company to arrange for an interview. Also, get the representative's name and number, and tell your insurance company or attorney that someone seeking information about your accident contacted you. 

Be Wary of Early Settlement Offers 

Be careful if you are offered a settlement from an insurance company. Make sure that any physical injuries you may have suffered have been treated, and that you have a doctor's prognosis. Some injuries may not show up or reach their greatest level of discomfort until many days, weeks, or months after the accident. Don't settle a claim until you know you will be compensated for all of your injuries, and consult an attorney before signing any documents pertaining to settlement. 

Your First Meeting with an Attorney 

During your first meeting with an attorney after any accident or injury, your lawyer will first want to hear about what happened, and he or she may collect a variety of information from you. The length of the initial interview can vary depending on the circumstances that led to your injuries. In rather straightforward cases like car accidents, the first meeting probably won't take very long, especially if you come prepared. In more complex cases like medical malpractice or injuries from defective products, the initial interview will usually take longer. As you tell the lawyer about your accident, he or she may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions. While some of these questions may be difficult to hear, let alone answer, your lawyer does need to know the answers in order to help you find the best solution for your case. Your lawyer will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. He or she will likely also discuss practical aspects of your case such as a representation agreement different types of legal fees, and the kinds of costs you can expect in your case.