11 Mistakes to Avoid After an Accident or Injury - and What to Do Instead
You are T-boned two blocks from home. You lose a finger to a bandsaw at work. You are struck by a delivery truck while crossing the street.
The details may be very different, but the immediate priorities are generally the same: get to safety, obtain appropriate medical care, report what happened, preserve accurate information and avoid making important decisions before you understand your injuries and your rights.
Here are 11 common mistakes people make after an accident or injury—and what to do instead.
1. Leaving the Scene Too Quickly
Your health comes first. Leave immediately if you need emergency medical care or if remaining at the scene would place you in danger.
Otherwise, take a few minutes to gather basic information before leaving. Identify the people involved, obtain available insurance and contact information, and determine whether anyone witnessed what happened. Take photographs of the scene, any hazards, any signs (or documenting the absence of signs) and of damage vehicles. This is not a comprehensive list. See below for additional guidance.
When you cannot do these things yourself, ask a family member, friend, coworker or other trustworthy person to help.
2. Failing to Report What Happened
Create an official record of the incident as soon as reasonably possible.
Call the police after a vehicle collision when appropriate. Report a fall to the property owner, store manager or other person responsible for the premises. Report a workplace injury to your employer or supervisor promptly and follow the employer’s reporting procedure.
When you make a report, stick to what you actually know. Do not guess, speculate or sign a statement containing details you believe are inaccurate.
Ask for a copy of the report or information explaining how to obtain one.
3. Failing to Take Pictures
Conditions can change quickly. Vehicles are moved. Spills are cleaned up. Broken equipment is repaired. Warning signs appear where none existed before.
Take photographs and video when you can do so safely. Include both close-up images and wider views that show the surrounding area.
A while back my sister, a trained photography professional, convinced me that in the age of digital photography there is no such thing as "too many" pictures.
After a vehicle collision, consider photographing:
The vehicles and their positions
Damage to each vehicle
License plates
Traffic signs, signals and lane markings
Skid marks, debris and road conditions
Identifying numbers on a commercial vehicle
Visible injuries
After a fall, photograph the condition that may have contributed to it, such as liquid, ice, broken pavement, uneven flooring or damaged steps. Include enough of the surrounding area to show where the condition was located.
After a workplace injury, photograph the area, equipment, safety devices and warning signs involved. Do not operate, move or alter machinery merely to obtain a picture.
Your safety matters more than any photograph. Do not enter traffic, interfere with emergency responders or create a confrontation.
4. Offering an Opinion About Fault
Fault may seem obvious immediately after an incident. It may look very different after witness statements, video, photographs, physical evidence and other information are reviewed.
Describe basic facts when necessary but avoid announcing who you think caused the incident and how responsibility should be divided. Those are legal determinations you are not likely qualified to make and which may depend on something you did not see or on a rule you do not fully understand.
You are not being dishonest by not speculating. You are simply being smart - recognizing that the moments after a traumatic event are not the best time to offer an opinion about a complex legal issue like fault.
5. Apologizing in a Way That Suggests Responsibility
Many people apologize automatically, even when they did nothing wrong. “I’m sorry” may mean “I’m sorry this happened,” but someone may later attempt to use it as an admission of fault.
You can be civil and compassionate without accepting responsibility. Check whether anyone needs help, exchange necessary information and cooperate with emergency personnel.
Avoid debating the incident or trying to resolve fault at the scene.
6. Delaying an Appropriate Medical Evaluation
Some injuries are immediately obvious. Others may become apparent only after the initial shock and adrenaline begin to wear off.
Do not delay necessary care because you are worried about inconveniencing someone, missing work or appearing dramatic. If emergency personnel recommend immediate evaluation, follow that recommendation seriously. If you do not require emergency care but develop pain, dizziness, confusion, weakness or other symptoms, get to an appropriate medical provider promptly.
A timely evaluation can identify injuries, get appropriate treatment started and create an accurate medical record of what you were experiencing.
Never exaggerate symptoms, but do not minimize them either. Give the medical provider a complete and truthful account.
7. Ignoring Medical Instructions
Following medical advice gives you the best opportunity to recover. Attend recommended appointments, follow activity restrictions and complete treatment as prescribed unless you are not able.
You may have very good reason you cannot follow a particular recommendation. You may experience side effects, lack transportation, have insurance problems or believe a treatment is making matters worse. Document your reasons so that you can explain them later on if needed.
In appropriate situations, contact the provider, explain the problem and ask what you should do. At all points, conduct yourself knowing that what you do may be discussed at length by attorneys in front of a jury, e.g. don't post pictures on social media contradicting the excuse you gave for postponing physical therapy.
Medical records may later be reviewed closely. Gaps and unexplained changes can create confusion about your condition. More importantly, interrupted care may interfere with your recovery.
8. Giving a Recorded Statement to the Other Party’s Insurance Company
The other party’s insurer may contact you shortly after the injury causing incident and ask for a recorded statement. An insurance company representative may sound helpful and conversational, but that representative has a job to do and that job is NOT to assist you in achieving your best outcome. The insurer is investigating a claim against its policyholder and attempting at all points to limit its exposure - that nice man or lady on the phone is NOT your friend.
I haven't been able to uncover any circumstance where you have to give the opposing insurer an immediate recorded statement. You can say:
“I’m not prepared to provide a recorded statement at this time. Please send your request to me in writing.”
Be careful not to confuse the other party’s insurer with your own. Your insurance policy may require you to cooperate with your own company. Even then, you may wish to understand your obligations and speak with an attorney before providing a detailed recorded statement.
Do not lie to an insurance company. You are very, very likely to get caught. Getting caught trashes your credibility and can reduce compensation even for the parts of your claim about which you were completely truthful.
The safer course is to refuse to answer any question that tempts you to lie until you have gotten the advice of an attorney committed to protecting YOUR interests.
9. Accepting a Quick Settlement Before Understanding Your Injuries
An early settlement offer may arrive before you know whether your injuries will heal completely, whether additional treatment will be necessary or how the incident will affect your work and daily life. A quick settlement offer, by definition, is likely to arrive before you have fully investigated your claim and understand what it will take to fully compensate you for your injuries.
Settlement agreements almost always require the injured person to sign a release. Once signed, that release ordinarily ends the claim permanently. You generally cannot reopen the matter because your condition later turned out to be worse you thought.
A quick offer is not automatically unfair. It is simply important to understand what you are giving up before accepting it.
Me? I think that many personal injury attorneys would welcome the opportunity to review "early" settlement offers and share their perspectives on whether they fully compensate the injured person. I doubt they'd charge you. Seems like a great marketing opportunity for them.
Do not sign a release merely because money is being offered quickly. Be cautious. Take enough time to understand your medical condition, the terms of the agreement and the rights you would be surrendering. Talk to an attorney who has your interests in mind.
10. Posting Carelessly on Social Media
Insurance companies and defense attorneys routinely review publicly available social media activity. Any photograph or comment posted that is not consistent with the injuries you've claimed can used to challenge what you have reported about your injuries or limitations.
Don't post it!
A smiling photograph does not prove that someone is pain-free. Attending a family event does not prove that recovery is complete. Nevertheless, an isolated image may be presented that way.
Think carefully before posting about the incident, your injuries, your activities or your claim. Ask friends and family members not to tag you in photographs or publish information about your recovery without asking.
Do not delete or alter existing posts because a claim has arisen without first obtaining appropriate advice. Destroying potentially relevant information may create a separate problem.
11. Failing to Preserve Accurate Records
Months after your injury when you are well into treatment and recovery, it will be difficult to remember every appointment, expense, symptom and interruption to daily life.
Keep copies of important records, including:
Incident and police reports
Medical bills and treatment information
Prescription and medical-equipment expenses
Wage-loss information
Vehicle repair estimates and receipts
Transportation expenses related to treatment
Photographs of visible injuries and recovery
Correspondence from insurance companies
You may also find it helpful to keep a simple journal describing your symptoms and how the injuries affect your ordinary activities. Write entries honestly and in real time. Do not exaggerate, speculate about legal issues or turn the journal into an argument about what your claim is worth.
Assume that anything you write about the incident or your injuries could eventually be reviewed by someone on the other side.
Protect Your Health and Preserve the True Story
You do not need to build a legal claim at the scene of an accident. You do need to protect your health, report what happened, preserve information that may disappear and avoid decisions that cannot easily be undone.
The goal is not to create a better story. It is to preserve your story while the facts are still available.
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.