1. Get Medical Treatment.
If you are hurt badly enough, fire rescue or paramedics most likely took you to the hospital. However if this wasn’t the case, when it doubt, get medical treatment. It can be far more costly to not get treatment (and as a result your injuries worsen).
If you are making a personal injury claim, the insurance company (for the person/company at fault) can use your failure to get medical treatment against you (if your injuries worsen because you did NOT get reasonable medical treatment). When you treat with a medical professionals, they takes notes about your injuries. These notes (and medical records) are later given to the insurance company for the responsible party. The notes make your personal injury claim worth more money.
2. Get Witness Information.
Witnesses can make or break a case. Sometimes witnesses aren’t necessary for you to get a fair settlement in your personal injury case. On the other hand, witnesses may be necessary for you to get paid for your injuries. It is much better to be safe than sorry and get the contact information (name, number, address and email) of every witness to your accident. If you are in too much pain to do this, immediately call a family member or friend to come to the accident scene to do this for you.
Get each witness to sign an affidavit (signed statement under oath) – prepared by you – stating the basic facts (of the accident) that can help you prove that the carelessness of other person/company caused your injury. I have attached a sample witness affidavit for a trip and fall case.) You should exercise a large amount of caution when getting a witness statement.
If the witness will not have their affidavit notarized, get them to sign a written statement that you prepare. It is very important that you do not put too much or too little information in the affidavit (or statement) because the insurance adjuster or defense attorney can later use this to weaken the witness’ credibility.
You should also be very careful emailing or writing a letter (or sending a message via facebook or email) to the witness as this may later be used against you if it contains information that can hurt your claim.
3. Report the accident as soon as possible.
As soon as possible following the accident, you should report it. If you are involved in a car accident and the police or fire rescue (or paramedics) treat you, you do not have to separately report the accident. If are injured on someone’s property, you should immediately report the accident to the property owner in writing.
Be very careful not to disclose anything in writing that can later be used against you. You may also be required (under your own insurance policy, if applicable) to report the accident to them within a certain number of days/months.
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Editor’s Note: This post was originally published on July 2011 and has been completely revamped and updated.