Too Overwhelmed to Deal With an Injury Claim? Where to Begin
Too Overwhelmed to Deal With an Injury Claim? Where to Begin
If dealing with an injury claim feels like more than you can manage, begin with one small step: write down what happened and how the injury is affecting you. Paul's Guide provides guidance about the types of information to include and a place to write it all down. You do not need a complete file or a decision about hiring an attorney to start getting organized.
An injury can add a great deal to an already full life. There are appointments to keep, bills to understand, work you may be missing, and people who still depend on you. You may be in pain or sleeping poorly. Even returning a phone call can feel like a chore.
Under those circumstances, putting off something unfamiliar is understandable. The concern is that putting it off can eventually make the decision for you. Deadlines matter. Missing the deadline resulting from a “statute of limitations” can make it impossible for you to get compensated for your injuries.
Start with what you know
Take a sheet of paper or open a note on your phone. Write down:
When and where the incident happened.
What you remember about it.
What injuries or symptoms you have experienced.
Where you have received treatment.
How your work and daily activities have changed.
Use ordinary language. If you do not know something, say so. You can add details later.
For example, “My shoulder hurts” is a beginning. “I cannot lift my toddler, get dressed without help, or do the lifting my job requires” describes more of what the injury means in your life.
Completeness matters. You do not have to achieve it in one sitting.
Give the paperwork a home
Choose one place for the information you already have. A folder, an envelope, or a folder on your phone will do.
Put medical bills, insurance letters, photographs, receipts, and contact information there as they arrive. There is no need to create an elaborate filing system.
If someone you trust has offered to help, give them specific tasks such as “Could you help me put these letters in date order?” A manageable request can be easier for both of you than “Help me figure all of this out.”
Make the first conversation manageable
You may be hesitating because you think an attorney will expect every record and every answer. You can ask what is needed for an initial conversation and explain what you have available. And trust that well-qualified attorneys have well-developed processes to help get what you don’t already have and have achieved fabulous results on behalf of injured people far less organized that you!
It is also reasonable to be direct about your limits:
“I’m recovering, and I’m overwhelmed. I need someone to explain the process in plain language and tell me what would be expected of me.”
Create a place to write down your questions. I like the notes application on my phone. Add questions as you think of them. What would the attorney handle? What would you need to do? How would fees and expenses work? Who would keep you informed?
And, ultimately, know that a well-qualified attorney will help you answer the questions you remember as well as many you didn’t think of.
That conversation can help you understand what pursuing a claim would involve.
Find out what cannot wait
There are legal deadlines for bringing injury lawsuits, and missing an applicable deadline can prevent you from pursuing one. Ask an attorney promptly which deadlines apply to your circumstances.
Do not wait until your paperwork feels complete to ask that question. Getting organized and getting timely advice can happen alongside each other.
Keep the decision yours
You may ultimately decide to pursue a claim. You may decide otherwise. Either way, you deserve an opportunity to understand your options and what each would involve.
Paul’s Guide is designed to make those early steps easier to manage: organizing your information into a Claim Summary, exploring attorneys based on the qualities that matter to you, and comparing proposals from attorneys you select. The purpose is to give you useful information and practical tools so you can take control and make your own decisions.
For today, a useful beginning might be a few notes and a folder or other place to keep them.
You do not have to solve the entire problem before taking the first step.
General information—not legal advice. Paul’s Guide is not a law firm. This article provides general educational information and may not address every fact, exception, jurisdiction, or change in the law. Legal rights and deadlines vary based on the circumstances and applicable law. Reading this article, by itself, does not create an attorney-client relationship with Paul’s Guide or Paul Zimmerman. For advice about a specific claim, promptly consult a lawyer licensed in the appropriate jurisdiction