When a personal injury occurs, there are several steps that can be taken to begin building a case against the party that was responsible for the injury. Many people do not realize their actions in the aftermath of an injury, can have a major effect on their chances of recovering fair compensation.
Some of the steps injury victims should strongly consider taking include:
Getting medical treatment – As soon as possible, get examined by a trained medical professional who can perform an evaluation and diagnose all of the injuries and symptoms. The sooner this is done, the better. When insurance companies and attorneys for the other party review the case, they will find out when treatment was sought. If that treatment time is delayed, it can be argued that the plaintiff was not really hurt or are just looking for compensation. They may also say that they victim was injured due to something besides the accident in question. Be sure to inform the doctor how the injury was sustained. He or she will note it on the medical records, which can be an important piece of evidence in the case.
Gathering evidence – Collecting evidence at the scene can be helpful. Taking pictures of the area where the injury was received and capturing any hazards or obstacles that may have caused or contributed to the accident can also be valuable. Taking pictures of the injuries and any damage to clothing may also be useful to your lawyer. Writing down what happened while it is fresh in memory, talking to witnesses and also taking notes on what they saw can help to make a stronger case.
Reporting your accident – In many instances, the police will likely be dispatched to the scene. If the police are not called, a plaintiff should file a police or accident report. This will serve as official documentation of what happened. Without an accident report, it may be difficult to recover the compensation.
Continuing your treatment – When the doctor prescribes medication, it should be taken. If the doctor refers the plaintiff to a specialist for testing or further examination, be sure to follow up and do those things. Failing to follow the doctor's orders could hurt the chances of recovering compensation. The defense lawyers may also argue that the injuries are not serious enough to warrant compensation.
Filing an insurance claim – If the accident is covered by insurance, a claim should be filed right away. Insurance companies sometimes have deadlines for filing claims. However, when talking to the insurance company, it's important to not say too much. Plaintiffs may explain that they were injured in an accident and are seeking treatment - giving the date, time and location of the accident and nothing else. It's also important to avoid signing anything or giving a recorded statement. If either of these things are done, it could limit the amount of compensation available for recovery.
Contacting an experienced attorney – Personal injury claims are often very difficult to manage if the plaintiff is not well versed in legal proceedings. This is why personal injury victims should strongly consider hiring an attorney for representation. The Milwaukee personal injury attorneys at PKSD know how to defend the interests of our clients, and to pursue fair compensation.