If you’re anything like I was when I got injured, your brain went haywire thinking about everything and focusing on nothing at the same time. So (assuming your injury didn’t obstruct it), take a deep breath in through your nose, hold it in your chest, and breathe out through your mouth. If your injury makes this impossible or painful, adjust to some other small physical ritual you are still able to perform. Focus your attention on it until your mind has regained the ability to focus, because you are going to need it.

I cannot reach out to you right after you get hurt. You can reach out to me or any other qualified personal injury attorney. My number is (814)281-5647. I will drive out to visit you in your hospital room if necessary, and my consultation / intake meetings are always free. If you would feel more comfortable with me or a similarly qualified personal injury attorney having met with you early in your case, do not hesitate to make the call. 

Let me be clear: do not delay medical treatment to take pictures or videos. Pictures and videos of the scene, diary or journal entries of your recollection of what happened, names and contact information of people who were there when you got hurt, these things are all useful. Not one of them is more valuable than getting time-sensitive medical care. Most of these are things that you, your friends and family, or my team can get after the fact if it is necessary.

However, if you are stable and able to collect some basic documentation, it will help your case. Specifically:

• Take pictures or videos of every surface or object involved. If it was a car accident, take pictures of every vehicle in the position where they naturally came to rest. If you slipped and fell, take videos of the area where it happened that shows all surfaces, signage (or lack thereof) and personnel. If a product you were using broke or malfunctioned, take pictures of the product in its current condition from every angle you can. In any case, take pictures of the part of your body that got hurt.

• Gather the names and contact information of anyone who is in the immediate area. Let them know that you just got hurt, and that you might need to talk to them about their perception of what happened. You do not need to apologize, explain specifics of what happened, or accept blame, just get their information. A name and a phone number or email address are enough for each person.

• Begin documenting your recollection of what happened immediately. Get your phone out and start a voice note where you describe where you were, what you were doing, and what happened. Call out specifically every ache, pain, and discomfort in your body. It is better to over-report and let things that recovered easily go than to try to tough it out and leave no evidence of a related injury that gets worse later.

• Have someone call 911 or flag down the nearest law enforcement officer. Officers generally wear body cameras which can capture the conditions where you were hurt, and they are trained in investigating accidents and injuries. They will prepare a report regarding what happened which will be one of the most important documents in your entire case. If the person responsible for your injury fled the scene, early law enforcement involvement gives you the best chance of having them successfully identified.

As soon as you realize you have been injured, go see your primary care provider if they can accommodate a same-day appointment. If not, go to the emergency department. Tell the doctors who handle your care everything about how you were injured, what hurts, and what limitations you have noticed so far. Leave nothing out. It is better to overreport than underreport. This is not the place for being the tough, self-reliant soldier. This includes any aggravations of existing injuries. If you have a bad back or trick shoulder and you noticed it getting set off by your injury, tell the doctors that. Tell the doctors specifically that you want all your symptoms and how you got hurt included on your chart. Most doctors call the way you got hurt your “mechanism of injury”. Be respectful and courteous to the treating doctors. They are likely to become witnesses in your case, and a good relationship tends to lead to better testimony. However, do not compromise on having your symptoms and mechanism of injury documented. If they rush you or minimize your symptoms, speak up. Always ask them to affirmatively confirm that they have documented each symptom and your mechanism of injury before you are discharged.

In the weeks following your injury, it is very likely that the police are still investigating what happened or still compiling their reports. There is also a high chance that your symptoms are clarifying themselves. You may be noticing symptoms of a concussion that you didn’t catch right away, or the soreness in your arm might be resolving quicker than expected. So focus on your care and on treatment for your injuries.

Keep your primary care provider up to date on your symptoms and ask that they be kept up to date in full on your medical records. Follow all instructions from your primary care provider or the emergency room staff regarding care, medication, and specialist follow ups. If there is a symptom that is causing you particular pain or anxiety, ask explicitly whether it is something you should see a specialist about.

Get scheduled with a mental health therapist and discuss what happened with them as soon as possible. Post Traumatic Stress Disorder, Anxiety, and Depression are all commonly overlooked secondary injuries after an accident. Ask your therapist to keep detailed notes on your discussions and all diagnoses or medications which they believe are connected to your accident.

When your case gets to the point of a prelitigation insurance claim or a lawsuit, the effect of your injuries on your life will be as important as the symptoms and causes. Get in the habit early on of writing a journal every day or every week regarding what symptoms you have noticed, what is getting better vs. worse, and what impact it is having on your life. Make specific mention of any time that you need to rely on someone else to do something you would normally have done for yourself, especially if you needed to pay them for that service. Also make specific mention of any activities you normally would have participated in that you couldn’t due to your injury. This can be anything from bowling league or trivia night to the usual weekly night out with a specific friend group. As long as you know that the event is happening, and you would have gone if you were not injured, I want to see a note in writing.

These entries should look something like this: “May 27. My eldest daughter had a soccer game today. I could only watch the first half before I had to go back to the car. Standing hurt my leg too much and there were no available seats.” “November 2. I had to pay the neighbor kid $50 to split and stack the winter’s fire wood because with my back spasms I’m afraid I’ll hurt myself if I use the axe.”

Call the police department that investigated your accident and ask for a copy of their police report. Many will provide a copy to the injured person for free. Do not pay for a copy at this time. If they will only give out copies after payment, my office or a similarly qualified personal injury attorney will advance the cost of the report and take it out of what we win for you. Also gather any medical records from the treatment you have been doing which are available to you for free, the journal you have been keeping, and a copy of your own insurance documents. If the person responsible for your injuries gave you their insurance information, gather that, as well.

During this time, the other person’s insurance company may try to get in touch with you to ask about your injury or offer a low-value settlement. Do not accept money, or sign any thing from these insurers before speaking with a qualified personal injury attorney who can evaluate your case. Bring any written correspondence these insurers sent you to your meeting with your attorney. Take notes on any phone calls from these insurers including date, length of call, and what they asked or offered for your attorney to review.

Once you have all your documents, your medical condition is stable enough, and you are ready to think about how to pay the bills, call an attorney who specializes in personal injury litigation. Most of us are contingent-fee based, which means we take our payment out of whatever we win for you. We also generally offer free consultation / intake meetings. This means that no matter how difficult a time you are having financially, you can afford an attorney to evaluate your case. Bring all the records you gathered in step 6 as well as your driver’s license or state ID card to see your chosen attorney. Be ready for them to take or make copies of all of the documents you brought.

In most states, including Pennsylvania, personal injury cases have a statute of limitations of two years. That means that if you have not filed a lawsuit as of the second anniversary of your injury, you have given up the opportunity to pursue financial compensation. Minnesota’s statute of limitations is longer, but you still benefit from having your attorney double check when the last viable date to file your case is. There is also generally a “prelitigation” period where your lawyer and the insurer’s lawyer are negotiating your case without a lawsuit having yet been filed. This phase can last a year or longer. To allow your attorney the time they need to do the best possible job for you, do your best to meet with them within 6 months of your injury.

Your attorney will pick up the ball where you left it by providing your documents. They have been through this process before, and they know what it looks like. It may take some time, but they are working to get you the best result possible. They are also required by their ethical rules to inform you of every offer that they receive from the insurer. By the time you reach this step, you have done your part. Follow your attorney’s legal advice and your doctor’s medical advice. Focus on getting better, and let your attorney focus on getting you paid.