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Document the accident. Find witnesses. Photograph the scene of your injury. Photograph your injuries. See a doctor immediately. Follow your doctor's treatment. Keep a diary.
To successfully bring a personal injury lawsuit, you will need to establish that the defendant injured you. Accordingly, you need evidence of what the defendant did and what injury you suffered as a result. Make sure that you write down exactly what happened before, during, and after the accident. Writing everything down when it is fresh in your mind will ensure that you don't forget crucial details. Take all circumstances into account. Write down the time of day that you were injured, the weather at the time you were injured, and who was present when you were injured. Also note how the person who caused your injury acted afterward. Did he apologize or admit fault? Did that person offer to pay your medical expenses? While not all of these statements may be admitted at trial, they could be used for a settlement negotiation. If you are able to move around after the injury, look for people nearby who may have seen what happened. Additionally, if you were with a friend or family member at the time of your injury, ask them to look for any people who saw the injury. You shouldn't wait; memories fade quickly. After locating witnesses, ask them if they would be willing to make a brief statement about what they saw. Write down the statements and contact information for each witness. Get full names, address, and telephone numbers. If your case does go to trial, witness testimony will be critical to establishing your case. Third party witnesses are often trusted by jurors because they are not invested in the outcome of the case. Try to get photos of the area where you were injured as soon as possible. Photos are especially important if the area where you fell is dangerous on its own, for example, a missing railing on a stairway. You also want to photograph the dangerous condition before the property owner has an opportunity to fix it. If you can't get out to the scene of the accident, ask a friend or family member to go. Take photos from a variety of angles. It may be useful to photograph the area as it was when you were injured. For example, if you were injured at night, then take photographs of the scene at night. Also take photographs of your body to document the injuries you have suffered. Lawsuits can take months, if not years, to get to trial. By that point, your injury could look much different, or not be physically visible. Your injuries will also appear more dramatic soon after the accident. Photographs of this type can make a strong impression on the jury. Even if your injuries aren't severe, you should still see a doctor. Some injuries will not be immediately visible, but your doctor will know what to look for. Your doctor's visit will also create useful medical documentation. In particular, your doctor will help establish "causation"that the defendant's actions caused your injury. When choosing a doctor, you should choose a traditional M.D. and stay away from alternative medical practitioners and chiropractors. Ask for copies of records, diagnoses, and any reports. One defense to personal injury claims is that the plaintiff aggravated her injury through her own conduct after the accident. Accordingly, you should always follow your doctor's prescribed treatment. If the doctor orders bedrest, stay in bed. You can rest assured that the defendant will find out what treatment you were prescribed and will try to find evidence that you have not been following. A failure to mitigate your damages will not completely bar recovery if the defendant is at fault. However, it can lower the amount of compensatory damages you recover. In a notebook, jot down how you are feeling every day. Note your mood, energy level, and ability to sleep. Doctors often will ignore this information, so you will want to create your own record to use as evidence at trial. Also note any changes to your relationship with your spouse, including changes in your sex life. You can be compensated for this "loss of consortium."