When your life is disrupted by an accident, it’s crucial to start documenting everything right away. If you wait too long or decide you’ll do it all when you feel better, it could impact your ability to recover adequate compensation. Building a bulletproof injury claim requires taking action on day one.
If you’ve been hurt and are pursuing compensation, here’s what you need to do to reinforce your claim.
- Hire an experienced personal injury attorney
The most important part of building a strong injury claim is hiring an attorney. It’s dangerous to attempt to pursue your claim alone. You’re at risk for being tricked into accepting a low offer, and innocent things you say can be used to devalue or dismiss your claim.
Don’t talk to anyone – especially an insurance company – before you’ve secured legal counsel. They’ll evaluate your case and tell you exactly what you need to do next. People who have legal representation receive much higher settlements than those who go pro se.
- Document everything and build a paper trail
As soon as possible, start documenting everything related to your accident. The more evidence you have, the harder it is for insurers to claim you’re exaggerating or inventing your injuries. Here’s what you need to document:
- Medical records. Request your official records for ER visits, hospital stays, appointments, specialist referrals, physical therapy, prescriptions, test results, and anything else related to your treatment. Document the dates, times, and miles driven to each appointment as well – you might be able to get reimbursed for mileage.
· Your injuries. Take clear photos and video of your injuries as well as the scene of the accident. If you have to go back to the scene later to get more documentation, do it. If you were involved in a car crash, get footage of road signs, road conditions, any hazard signs, and even the surroundings to provide a complete picture of the location. Make sure to continue taking photos of your injury to show how it heals over time. If your injury limits your mobility, get video footage documenting your limitations to document lingering effects. - Symptoms and pain. Keep a journal of how you feel every day in terms of physical and emotional pain, sleep disturbances, mobility issues, and mood swings. These records are subjective, but consistent records can be a powerful support for claims involving pain and suffering.
- Lost wages and other costs. Save all of your pay stubs, records that show you took time off work, letters from your employer, and anything else related to work time lost. Make a point to estimate the future impact on your income as well. For example, document limitations on physical work, and if you can’t continue working in your field.
A strong paper trail is your best defense against shady insurers who want to downplay your pain and cut your settlement accordingly.
- Wait to learn the full scope of your injuries
The most common mistake people make is accepting a settlement offer while still going through treatment. Even if the offer seems fair now, it might not cover future treatment costs.
Some injuries take weeks or months to show up in full, like damage to soft tissue, traumatic brain injuries (TBIs), and internal damage. There’s also a chance you might experience complications, nerve damage, and loss of function at a later time. Allowing time for these issues to surface gives you a better chance at recovering full compensation.
- Watch what you say
Insurance companies will use anything you say to devalue or dismiss your claim. Limit your communications with insurance adjusters. They’re going to come at you with a friendly demeanor, like they just want to help. But their job is to protect the company’s profits. When you talk with them, don’t express any emotions or volunteer information outside of the facts. And don’t give a recorded statement without talking to a lawyer first.
Most importantly, don’t post on social media at all. Even a simple photo or text post can be used against you to devalue your claim. A simple detail that doesn’t match your official statement can derail your claim.
Hiring an attorney is non-negotiable
While you could probably create a strong claim, nobody can do it better than an attorney. By hiring a personal injury attorney, you’ll have a much better chance at negotiating a higher payout for your injuries. Insurance adjusters won’t try to pull a fast one on a lawyer. If you want a fair settlement, document everything, communicate carefully, and hire an attorney to build your case.
