Your Legal Rights: What to Do Immediately After a Personal Injury

Accidents can strike at any moment. Whether you slip on an icy sidewalk, are involved in a car accident, or are bitten by a pet, the physical and emotional anguish can be overwhelming. There are up to 477,000 emergency room visits every year in Ontario alone due to all kinds of accidents.

Personal injury accidents are more common than you think and can upend a happy life in the blink of an eye. That’s why it’s crucial to understand your legal rights. Knowing what you need to do immediately after an accident will put you in the best position with regard to a legal claim, as well as reduce the sense of being overwhelmed.

Continue reading to learn more about what to do after a personal injury and who you should reach out to.

8 Things to Do After a Personal Injury

Seek Medical Attention Immediately

Your first priority after any accident is to look after your health. Even if you feel your injuries are minor, it’s important to get checked out immediately at a hospital emergency room or by scheduling an urgent appointment with your family doctor.

Internal injuries, in particular, may not be apparent in the aftermath of an accident (such as a hairline spinal fracture after a car accident) but can cause serious harm if left untreated.

It’s important to document your condition for the insurance and legal claim, too. Insurance providers often require official medical records to validate injury claims, and the examining physician’s notes will be vitally important to that end.

Document the Scene of the Accident Comprehensively

In the event of a serious accident, such as a car accident that involves injuries or impaired driving, the police will attend the scene and make a detailed record. In other accidents, such as slips and falls, that is unlikely to be the case. Therefore, you or someone you know should take photographs or video of the scene of the accident.

Make sure your images also show any contributing factors, such as inadequate lighting or warning signs. Keep a record of the precise location, date, and time. Also, note the weather conditions if they seem relevant, such as icy roads or heavy rain, as they can help explain how things unfolded.

If you’re too injured to do this yourself, consider asking a friend, family member, or a bystander for help. Also, make sure to keep all these records organized and jot down your own observations about what happened before your memory fades.

Gather Information from Witnesses

Witness accounts can be a critical part of a personal injury claim since they may confirm the events leading to the accident. As soon as possible, collect each witness’s full name and contact details, and keep that information in a safe place. If appropriate, briefly ask what they observed, but don’t pressure them for an official statement on the spot. Your personal injury law firm can reach out to them later for a formal account if needed.

Speak to your Personal Injury Lawyer in St. Catharines

Once you have received medical care, contact a personal injury lawyer in St. Catharines. A lawyer will review your situation, help you understand the time limits for filing claims, and offer guidance on the next steps. Lawyers can file your insurance claim, pursue accident benefits, and ensure you receive the care you are entitled to.

As a rule of thumb, it’s better to approach your lawyer sooner rather than later. The earlier they are involved, the better they can protect your interests and more effectively prepare a claim. Moreover, certain types of accidents (such as falls on municipal property) have extremely short limitation periods, meaning you have just days to preserve your right to pursue a claim.

Notify Your Insurance Company

Once you have a clear picture of your injuries and any immediate medical concerns, it’s time to reach out to your insurance provider. Stick to the facts when you describe what happened, and avoid speculating about fault or liability. If you’re uncertain about giving a recorded statement or signing forms, consult your personal injury lawyer first.

Apply for Accident Benefits (if Applicable)

Statutory Accident Benefits (or SABS) are provided to those involved in a motor vehicle accident in Ontario. They are available regardless of whether or not you carry your own auto insurance. Accident benefits can help with the immediate medical expenses and rehabilitation costs you may face.

You may also be eligible to receive similar benefits from the other party’s insurance policy. Speak to your personal injury lawyer to understand if these are available in your case.

Notify the Party Responsible for Your Injury

You will need to let the at-fault party know that you’ve been injured and may be pursuing a claim. This could mean informing a driver who rear-ended you, a landlord if you fell on their property, or even a municipality if the incident happened on public property.

This is a technical, legal process, and it’s advisable that you have your lawyer manage it. An improperly prepared notice can harm your claim.

Steer Clear of Online Posts

It’s important to limit what you share on social media. Any photos, comments, or discussions about your accident or injuries can be used against you in a legal claim. Insurance companies have employed physical, social media, and other forms of surveillance in attempts to discredit and deny claims.

Until your claim is decided, keep your exposure on social media to a minimum.

Don’t Accept the First Offer

Insurance companies will almost always try to minimize their payout, even if it doesn’t compensate you adequately. The first offer you receive will likely be their attempt to lowball you. Do not accept any offer without consulting with a personal injury lawyer first. Your lawyer can evaluate the offer objectively and provide actionable guidance on whether it’s adequate or not.

Protecting Ontarians for Over a Century

For over 140 years, Lancaster Chown & Welch LLP has helped Ontarians get through some of the toughest times in their lives. Our compassionate team asserts your rights at every stage, making sure you receive top medical care and the compensation you need to recover.

Schedule a free consultation to discuss your accident, understand your options, and take the next steps!