Dos and Don’ts After an Injury

Being injured is often a deeply unsettling event. It can leave you feeling overwhelmed and unsure of what to do next. Whether you've been hurt in a car crash, a workplace incident, or any other type of accident, knowing the right steps to take—and what steps you shouldn't take—can significantly affect both your recovery and any legal claims.  

At Korey Leslie, Attorney-At-Law, LLC, we have over ten years of experience helping clients work through their injury claims. We've created this helpful list of the dos and don'ts after suffering an injury to help you better understand your rights and protect your overall well-being. 

The Dos: Actions You Should Take After an Injury 

After any injury, it’s crucial to take measures that prioritize your health and support any potential legal claims. Some of the essential actions you should consider in the aftermath of an injury include: 

• Get medical attention immediately: Your health should be your primary concern. Even if you feel fine or think your injuries are minor, seek medical attention immediately. Some injuries may not show symptoms right away but can lead to significant health concerns down the line. Prompt care ensures you receive proper treatment and documents your injuries, which is important for legal claims. 

• Notify the appropriate authorities: If your injury occurred due to an accident, such as a car accident or workplace slip and fall, contact the relevant authorities to document the incident. This documentation can serve as evidence in legal discussions or in cases where determining liability is difficult. 

• Document everything thoroughly: As soon as possible, jot down everything you can remember about the incident. Include the date, time, and place, as well as descriptions of your injuries and how they happened. Gather names and contact information of witnesses, make copies of any official reports, and note any discussions or conversations you had at the scene. 

• Seek legal advice from a personal injury attorney: Consult with a lawyer who is experienced in personal injury cases similar to yours. An experienced personal injury attorney can offer the advice and guidance you need throughout the claims process and help negotiate with insurance companies on your behalf. 

• Keep detailed records of your medical treatments and expenses: Create a calendar of all your medical appointments and related treatments. Keep copies of all your medical bills and receipts, even if your insurance covers the costs. These records are essential for proving the extent of your injuries and the costs incurred. 

• Maintain an impact journal: Keep a diary documenting how your injury impacts your daily life. Note any changes to your physical health, emotional well-being, finances, personal relationships, and work life. Such records can provide compelling evidence when seeking compensation. 

The Don'ts: Missteps to Avoid After an Injury

While it's important to know what you should do after an injury, it's just as important to know what you shouldn't do after suffering an injury. Avoiding the following common mistakes can help protect your health and strengthen your legal case: 

• Don't ignore your injuries: No matter how minor your injuries seem, always seek medical attention and meticulously follow your healthcare provider’s treatment plan. Ignoring your injuries can result in delayed or inadequate treatment, potentially leading to complications or prolonged recovery. 

• Don’t leave the scene of the accident too early: If possible, stay at the scene until emergency responders arrive and you have shared all relevant information with the other involved parties involved. Leaving the scene too soon could be seen as fleeing, leading to additional legal complications. If you're unsure whether you can go, ask the law enforcement officers or emergency personnel at the scene. 

• Don't admit fault for the accident that caused your injury: Avoid making any statements that could be interpreted as an admission of fault. Such statements could be used against you during legal proceedings or negotiations with insurance companies, limiting or negating the potential compensation you could receive. 

• Don’t speak with the negligent party’s insurance adjuster: Consult with your lawyer before speaking with an insurance adjuster. Insurance adjusters might try to record your statements or ask leading questions that are designed to help them minimize payouts or cause you to inadvertently admit fault. Your attorney has experience negotiating with insurance companies, so let them handle these conversations. 

• Don’t discuss the accident with anyone except your lawyer: Limit conversations about the incident to your attorney. Don't share information with your friends and family and refrain from posting details about the accident or your injuries on social media. Confidentiality with your lawyer is crucial until your claim is resolved. 

• Don’t accept the first settlement offer from the insurance company: Insurance companies often offer low initial settlements, hoping you will accept them to resolve your case quickly. Consult your attorney before agreeing to any offer. An experienced attorney can help you pursue a fair settlement that accurately reflects your claim's value. 

Legal Considerations in Pennsylvania

If you've been injured in Pennsylvania, it’s vital to understand the state’s laws and limitations surrounding personal injury claims. Some points you should keep in mind include: 

Statute of Limitations 

In Pennsylvania, the statute of limitations for personal injury claims is typically to two years from the date of the accident or injury. Missing this window could forfeit your right to seek compensation. 

Comparative Negligence 

Pennsylvania follows a modified comparative negligence rule. This means that you can receive compensation if you are less than 50% at fault for the accident. However, your recovery will be reduced by your percentage of fault. For instance, if deemed 20% at fault in a $10,000 settlement, you would receive $8,000. 

No-Fault Insurance 

Pennsylvania adheres to a choice no-fault system for car insurance. Drivers can choose between no-fault or traditional insurance. No-fault insurance covers your injuries regardless of who is at fault but may limit your ability to sue unless your injuries are severe or your medical costs exceed certain coverage thresholds. 

Strict Liability for Dog Injuries 

Pennsylvania law holds dog owners strictly liable for injuries caused by their dogs, regardless of the dog's previous history. This allows victims to pursue compensation for their injuries without proving the dog's dangerous tendencies. 

Damage Caps 

While Pennsylvania does not cap damages in personal injury cases, specific rules may apply to claims against the state or municipality, which may potentially limit your recovery amounts. 

Seek Expert Legal Guidance

The actions you take immediately after an injury are crucial to your recovery and any potential legal claims. By knowing the dos and don'ts, you can better safeguard your rights and pursue the compensation you deserve.  

At Korey Leslie, Attorney-At-Law, LLC, we're committed to providing personalized, result-oriented legal representation to injury victims in York, Pennsylvania, and throughout Lancaster, Harrisburg, and Camp Hill. If you’ve been injured and need legal advice, reach out to us for a consultation today.