No one ever sees an accident coming. An otherwise normal day could quickly go sour after someone else throws caution into the wind, unintentionally or intentionally harming you. If something like this does happen, it’s important to know the steps to take afterward to secure your health and your rights. Keep reading for more information.
What Is Personal Injury?
First, let’s be specific about the types of accidents we are talking about. “When you’re injured due to someone else’s intentional or unintentional actions, you could be entitled to damages by filing a personal injury lawsuit,” says criminal attorney Tony Munter of Price Benowitz, LLP. Your lawsuit will probably likely fall under the following theories of liability:
- Negligence: When someone harms by acting negligently.
- Intentional tort: When someone harms you deliberately.
- Strict liability: When you’re harmed through a defective product or dangerous activity (regardless of intent or negligence).
- Premises liability: When a hazardous condition on someone else’s property harms you.
- Product liability: Subset of strict liability used to hold manufacturers responsible for defective products.
- Vicarious liability: Use this theory to hold someone accountable based on their relationship with the perpetrator (suing the employer when an employee injures you on the job).
- Statutory liability: Liability imposed by specific laws, such as a contractor violating safety codes and causing injuries.
To understand where your case lies, talk to your attorney. Sometimes, a claim might involve multiple theories. Take a truck accident, for instance; the driver might have been distracted, which would call for a negligence suit against them. But then again, the brakes on the truck could also have been defective, which could have been a possible product liability suit against the manufacturer. You could even sue their employer based on vicarious liability. This is why it’s important to work with an experienced attorney—they will evaluate the case, investigate, and collaborate with other professionals to draw out all the possible theories of liability.
What Should You Do After an Accident?
With all that said, the success of your case also depends on the steps that you take immediately and afterward.
What to Do Immediately After the Accident
- Check yourself for injuries: Are you hurt? The first thing you should do is check for any visible harm. And even when you seem fine, it’s important to remember that some injuries may take a couple of hours or even days to become apparent.
- See a doctor: Getting treated early enough not only addresses your injury but also generates a trail of paperwork that you can use as evidence for your claim.
- Inform your insurer: The general rule of thumb is to inform your insurance provider no more than 72 hours after the accident.
- Talk to an attorney: Speaking to your lawyer early enough gives them enough time to start working on your case, collect evidence while still “fresh,” and track down witnesses to collect evidence when their recollection is still clear.
Additional Steps After the Accident
- Keep detailed medical records: Every prescription note, x-ray, medical lab test result, and other medical documentation counts. Keep them safe to be used as evidence in your suit.
- Keep a journal: If you are not big on tracking your daily life, now is the time to start. Keep a detailed account of the injury, how it affects your daily life, and the adjustments you’ve had to make.
- Take a social media break: We all love to keep our followers and fans updated on Facebook, Instagram, Snapchat, and other social media platforms. However, even the most innocent post can spell doom for your suit, so it’s ideal to lie low, at least until your lawsuit is over.
Conclusion
We hope you now know what to do should you be involved in an accident caused by someone else. With the right legal strategy and assistance from a personal injury attorney, you can bring the responsible person to book and win compensation for your damages.