What to do after an accident.

In the first 24 hours

1. Get medical care. Some injuries show up hours or days later. A visit also creates a record that ties your symptoms to what happened.
2. Photograph everything. The scene, the hazard or vehicles, your injuries, torn clothing, and damaged belongings. Take wide shots and close ones.
3. Collect names and numbers. Witnesses, the other driver or property owner, and the officer or manager who took a report. Ask for the report number.
4. Write down what you remember. Time, place, weather, what you were doing, and what anyone said. Memory fades quickly.
5. Keep damaged items. Do not repair or throw out the clothes, shoes, helmet, or product involved.

In the first week

• Start one file for photos, bills, letters, and claim numbers. Kindred’s evidence file does this on your phone.
• If you were hurt at work, report it to your employer in writing right away. Workers’ compensation deadlines are often measured in days.
• Report the claim to your own insurer if your policy requires it. Read the policy for what it says about notice and cooperation.
• Write a short note each day on your pain, sleep, and what you could not do.
• If the other side’s insurer calls, you can say you are not ready to talk. See the page on insurance calls.

In the first month

• Go to every appointment and follow the treatment plan. Gaps in care are often used to argue an injury was minor.
• Keep receipts for bills, prescriptions, and mileage to appointments.
• Track the days you missed work and the pay you lost.
• Do not sign a release or accept an offer until your doctor can tell you what treatment you will need.
• Decide whether to talk to a lawyer. Most injury lawyers offer a free first consultation.

What to avoid

• Posting about the accident, your injuries, or your activities on social media. Others can use posts out of context.
• Guessing about fault, or telling anyone you are fine, before you know the full extent of your injuries.
• Signing a broad medical records release for the other side’s insurer.
• Accepting the first offer. Early offers often come before the full cost is known, and a signed release usually ends the claim.

Before your deadline

Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter, such as claims against a city or state. Evidence and witnesses are lost well before the deadline, so start early.

See the time limit for your state

When to call a lawyer

It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs.

General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.