Sooner or later, you’ll probably experience some kind of personal injury. You might slip and fall in a parking lot, get injured by a piece of equipment at work, or even fall victim to a dog bite while you’re walking in the park. Understanding what to do in the moments and days that follow this injury could help you not only recover quicker, but also stand a better chance of getting the financial compensation you deserve.
Should you contact a personal injury attorney? Should you work with an insurance company? How soon should you take action? Let’s explore the possibilities.
Immediate Steps To Take
No matter what type of injury you sustain or how you sustained it, it’s important to take a handful of steps for your own personal wellbeing (as well as the integrity of your eventual personal injury case). Your first priority should be safety—which means both getting to safety as soon as possible and preventing further injuries. For example, if you’ve been injured in a car accident, it’s important to move your vehicle to the side of the road as soon as possible; this will limit the possibility that your car’s presence in the road will result in another collision.
From there, it’s important to seek medical attention. You may be uncertain whose insurance company or which individual will ultimately be liable for paying for these injuries, but it’s important to get medical attention regardless. When you get medical treatment, be sure to get ample documentation; have a medical professional document the nature and extent of your injuries, and keep copies of all your medical paperwork.
Before leaving the scene of the injury, it’s also a good idea to spend some time gathering whatever evidence you can. For example, if you were involved in a workplace accident, consider taking photos or video of the scene. Were there any witnesses or people around who can corroborate your side of the story?
Is There a Case?
Next, you’ll want to consider whether it’s advisable to take legal action on this matter. If you were the person responsible for this accident, there’s no one else to hold responsible; if you tripped over your own feet, or if you were the sole party responsible for a motor vehicle collision, you won’t be able to file a personal injury case.
However, you may be able to take legal action if you were injured as a direct result of someone else’s actions or negligence. Proving negligence requires proof of four distinct factors:
- The existence of a legal duty. First, you must establish that the defendant had some kind of legal duty; for example, if they were driving on the road, as a motorist, they were responsible for driving in a way to prioritize the safety of the people around them.
- The defendant’s breach of that legal duty. You must also demonstrate that the defendant somehow breached this duty, either because they took a specific action or failed to take a necessary action—like missing a stop sign or swerving into the wrong lane.
- The plaintiff’s injury. You’ll need to demonstrate the extent and cost of your injuries as well.
- The injury as a result of a breach of duty. From there, you’ll need to show that the defendant’s breach of duty was directly responsible for the injuries you sustained.
If you aren’t able to demonstrate all four of these, you may not be able to bring an effective case against the defendant. Since it’s difficult to judge this on your own, it’s best to talk with a lawyer about the options for your future.
Judging Severity
You may also consider the relative severity of your injuries. If you merely scraped a knee or suffered a few bruises, the time, money, and hassle of seeking legal action may not be worth it. But if you suffered several thousand dollars’ worth of injuries, or if your lifestyle has been significantly negatively affected by this event, it’s likely worth moving forward.
Talking to a Lawyer
If you’re not sure how to move forward, your best course of action is to talk to a lawyer directly. Most personal injury lawyers offer a free initial consultation, taking the time to review the details of your case and figure out how best to move forward. They’ll also be able to provide you with sound legal advice, which you’ll need to proceed with the case.
Dealing with a personal injury can range from annoying to devastating, but knowing how to respond can greatly improve your circumstances after the fact. Take your time, think carefully about your choices, and in every scenario, prioritize health and safety above everything else.
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This content is sponsored by Larry Alton.
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Photo credit: iStockPhoto.com