Seriously injured? First steps that protect your claim

Your health comes first

Serious injuries happen in many ways: a vehicle crash, a fire caused by a defective product, an unsafe property, a workplace incident involving an outside company, or someone else's carelessness. Whatever the cause, the first step is always the same. Get medical care, and keep going to the appointments your doctors recommend.

Some injuries, including brain injuries and internal injuries, don't show their full effect right away. Prompt care protects your health, and it also creates a medical record that connects your injuries to what happened. Gaps in treatment are something insurers often point to when they want to pay less.

Preserve the evidence

Evidence can disappear quickly. Video footage is often recorded over within days or weeks. Vehicles get repaired, products get thrown away and conditions at a property get fixed. If you can, or if a family member can help:

• Photograph the scene, any hazard, the vehicles or product involved, and your injuries
• Write down names and contact information for witnesses
• Keep damaged items, such as a helmet, a product or clothing, in a safe place
• Note any cameras nearby that may have recorded what happened
• Keep copies of police, fire or incident reports
• Write down what you remember while it is fresh

Help from family and friends

If you are in the hospital or recovering at home, you may not be able to do these things yourself. A trusted family member or friend can help by gathering photos and witness names, keeping track of bills and mail, and writing down conversations with insurance companies. Ask them to avoid giving statements or signing anything on your behalf before you have had advice. It also helps to keep all claim-related papers in one place, so nothing is lost when you are ready to deal with them.

Be careful with insurance calls

You may hear from an insurance company quickly, sometimes within days. Adjusters may be friendly and may ask for a recorded statement or for permission to collect all of your medical records. You should report the incident to your own insurer as your policy requires, sticking to the basic facts. Before giving a recorded statement to another party's insurer, it is wise to talk with a lawyer.

Early settlement offers are common, especially before the full extent of an injury is known. Once you sign a release, you usually can't reopen the claim, even if your condition turns out to be worse than expected.

Keep track of how the injury affects your life

Save medical bills, receipts, pay stubs and records of missed work. Keep a simple journal of pain, limitations, sleep, and activities you can no longer do. These details help show the real impact of an injury, which is often far greater than the bills alone suggest.

Know that deadlines apply

In California, the general deadline to sue for a personal injury is two years, but claims against a city, county, state agency or other public entity can require a formal written claim within about six months. Other rules and exceptions can apply depending on the type of case. Don't wait to find out which deadlines apply to you.

When to talk to a lawyer

Signs that it is time to get advice include injuries that require surgery or ongoing care, time away from work, a dispute about who was responsible, more than one party or insurer involved, a public agency or a company vehicle, or an insurer pressing you to settle quickly.

When you or someone close to you is seriously injured, or you have lost a loved one, an early conversation with a lawyer can help you avoid mistakes and preserve important evidence. A lawyer can deal with the insurance companies so you can focus on recovering. A free review costs nothing and can help you understand your options.

This article is general information about California law, not legal advice. Every situation is different, and reading it does not create an attorney-client relationship. For advice about your situation, talk with a lawyer.