SOUTHEAST TEXAS RECORD

There are 10 things every person injured in an accident should do. One of the greatest obstacles to personal injury lawsuits is missing or incomplete documentation from the time of the accident moving forward. It is impossible to overstate the importance of thoroughly documenting every key event from the time of your injury. 

To help people injured in an accident, here are 10 important things you should always do:

1. Document every single thing

There is no way to overemphasize the importance of this point. From the moment of your accident, it is critically important for you to document every single thing that has happened. This will need to take many forms,including recording things in writing, keeping hard copy documentation, making real-time notes of conversations and interviews with people who were at the scene, and the like. 

We asked Michael F. Lombardi, Esq. of Lombardi & Lombardi, P.A. to weigh in on some of the critically important issues in this article.

He agreed that:

It is important for someone injured in an accident to document every single thing that happens to them from the moment of the accident. As time goes on, our memory of certain events fade no matter how old we are. We ask our clients to keep a diary outlining how the accident occurred, what type of medical treatment they received, their pain symptoms, etc. When it is time for deposition testimony or trial testimony, which may not happen for 2-3 years following the accident, the diary can be reviewed so that all events are fresh in your mind.

2. Have a medical professional document every single thing

The volume of things you will need to remember over what could become many months will at times seem overwhelming. When you see doctors and get treatment, you can’t be expected to remember every single thing that happened or was said to you. It is the responsibility of your doctors to document everything in your file. Any treatment that you are given, any recommendation, even notes conversations between doctors who may be jointly treating you. 

At the same time, your responsibility as part of every meeting with a medical professional, take active notes and request a report for your records. This should include every test, every meeting, every conversation, every phone call. 

3. Understand that you are in shock

Immediately after an accident, and for an undetermined period after that, you will almost certainly experience being in some sort of shock. While shock is experienced differently by different people, the most frequent symptoms can include severe emotional distress, a feeling of being physically and emotionally numb, ongoing fear and dread even though the actual accident has passed, and having huge mood swings and bots of ongoing depression.

This is the first reason not to be your own lawyer (even if you are a lawyer). Your head isn’t sufficiently clear to make the right strategic decisions.

Attorney Lombardi points out that:

It is very important for people to understand that the shock of being involved in an accident, and the pain and trauma following an injury from an accident, can often extend for long periods of time. This is why it is important to have a legal advisor to assist you in making important life decisions following an accident.

This also relates back to the first point, in which you need to document everything. Because you may not be fully able to document everything that is happening to you, it is important that you rely upon someone who is consistent and is able to help you in your documentation process.

4. Weigh all of your options by having exploratory conversations

Before you talk to a lawyer, talk to people you love and trust. Do they see things as you are? If not, why aren’t they? 

This is a point that really can’t be overemphasized. Far too many people feel very alone and isolated throughout the entire process following an accident. Build an active support network around you and never, ever be afraid to ask questions.

5. Spend less time on the internet 

The internet is loaded with conflicting messages, so we will add another one here: 

Get off the internet. 

Every google session will pull you in a different direction. Rather than spending time on google looking for answers, go back to the first point and spend your time making sure that everything is memorialized.

6. Check the system you’re using to track everything

You were good about making sure you documented everything, but is this now a bunch of handwritten notes spread across several tables in your home? Try evernote, where you can upload notes, images, receipts, to your mobile phone and computer. No matter what system and what technology you elect to use, you need to ensure that you use it consistently. 

7. Investigate lawyers

Ask people you love and trust for their help. Finding the right lawyer is stressful and it’s a more difficult process than you’d imagine. It’s not a question of finding a qualified versus an unqualified lawyer, it’s far more complicated than that. You may be choosing among many qualified lawyers, so you need to keep in mind that this is someone with whom you’re going to work very closely for perhaps an extended period of time, which leads us to our next point.

8. Shop around

The lawyer you choose to hire and choose not to hire could be one of the most important decisions of your life. Why only speak with one?

You want to find a lawyer you resonate with on important levels. It would be great to find someone you like, it’s even more important to find someone you trust. Before you hire someone to represent you, your mind and your heart need to align. Pick the person you feel will understand you, fight for you, and is the best-positioned to be a loyal and aggressive avocate for your rights. 

9. Make it clear that you want to be an active strategic partner in your case.

When you hire a lawyer to represent you in a personal injury case, you want to have the kind of relationship where you feel comfortable asking questions.

Attorney Lombardi observes:

It is important to be an active participant in your own case because your Attorney needs to be informed of all developments in your case. Your attorney is going to want to explore each aspect of your case and that can only be done if we know everything that is going on. There are many things that your Attorney may not be privy to unless it is communicated to them by you. For example, we may not know if you begin treating with a new doctor unless you communicate that to us. Our most satisfied clients are those that are willing to be strategic partners with constant, open communication.

10. Keep documenting everything

The idea of having a lawyer represent you doesn’t mean your own work should stop. Keep track of the promises being made to you. Are things happening in the timeframe predicted. Are the lines of communication as open as you feel they should be. Understand that your lawyers is busy fighting for your rights and those of many other clients. You’re looking for regular high-quality communication with your lawyer. You don’t need to discuss every single thing in real time as that talkies the lawyers away from the work they actually need to be doing. But understand that you are entitled to clear and open communication on a regular basis - whatever frequency works best for the both of you.

Start doing all of this on the day of your accident

If you follow these 10 guidelines, you are doing two very important things at the same time. You are maximizing your chances of being able to file a lawsuit because you have done the necessary groundwork for a skilled and experienced lawyer to fully and properly evaluate your potential claim. You have also taken care of yourself in order to minimize the amount of stress you will need to endure should you move forward with the claim and you’re putting yourself in the position to recover as well and as quickly as you possibly can.

About Aron Solomon

Aron Solomon is the Senior Digital Strategist for NextLevel.com and an Adjunct Professor at the Desautels Faculty of Management at McGill University.