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Do’s and Don’ts After an Injury

The Fostel Law Firm  Jan. 16, 2023

According to statistics from the Texas Department of Transportation (TxDOT), there were 552,224 total crashes in Texas in 2021, causing 137,535 possible injuries and 4,489 fatalities. Traffic accidents often occur suddenly, leaving victims in a shocking or confusing state. What you do or don’t do after an accident can significantly impact the outcome of your injury claim. A highly-skilled Texas personal injury attorney can educate you about the dos and don'ts after a traffic crash or personal injury to put your best foot forward when going to file your claim. 

At The Fostel Law Firm, I have the resources, expertise, and diligence to support, guide, and represent clients in their accident cases. As your legal counsel, I can enlighten you about the next steps to take after the incident, guide you through the injury claims process, and help you recover the fair financial compensation you deserve. The Fostel Law Firm is a nationwide practice, and I am willing to review your case free of charge. Reach out today to schedule a complimentary consultation.  

Filing a Personal Injury Claim in Texas 

Texas is an "at-fault" state for auto accidents. This means that the person who caused the accident or your injury (the at-fault party) will be held financially responsible and civilly liable for medical bills, property damages, and other out-of-pocket losses you suffered due to their negligence. To recover damages, you can: 

  • File an injury claim with your own insurer. 

  • File a third-party claim directly with the insurance carrier of the at-fault party. 

  • File a personal injury lawsuit against the at-fault party in civil court. 

In addition, you must take the required steps and follow the necessary procedures to ensure a successful injury claim. A seasoned lawyer can fully explain the dos and don'ts after an accident or when filing a personal injury claim. 

What Not to Do When Entering a Personal Injury Claim  

The moments following an injury or accident may leave you confused and unsettled. Here are some actions to avoid when entering into a personal injury claim or pursuing compensation: 

DON'T leave the scene of an accident until you've exchanged information. 

Before you leave the accident scene, exchange relevant details with the other drivers involved. These include the driver's name, insurance information, phone number, address, license details, and vehicle registration. Getting all these details is crucial to avoid a hit-and-run situation

DON'T neglect your injuries, even if you're uninsured or underinsured. 

In addition, get immediate medical treatment after the injury or accident. You are advised to see a qualified physician for your safety, health, and general well-being. The physician can examine the extent of your injuries, identify hidden injuries and symptoms, provide suitable treatment, or recommend a specialist. 

Also, you should get medical treatments for legal reasons — such as proper documentation of your injuries and medical treatments— to comply with insurance requirements and to avoid possible issues with the insurance provider when filing your claims. 

DON'T accept the first deal you're offered by the insurance company. 

However, the insurer's first settlement offer is usually low and may not cover all of your injuries and damages. Do not accept such a ridiculous offer or their bad faith tactics. Your attorney can help you negotiate an improved settlement or file a lawsuit to seek your deserved financial compensation. 

DON'T talk to the insurance adjuster first. 

You should never speak with the insurance adjuster or give a recorded statement without consulting your lawyer. The claims adjuster can interpret your statement wrongly, take your statement out of context, or use your words against you when negotiating or in court. For this reason, ensure that you talk to your lawyer first. 

DON'T talk about the case, not even to your friends. 

Do not discuss your case details with anyone — not even your friends. You should also avoid posting any information about your injury or case on social media. All crucial details and strategies about your case, as well as other confidential information, should remain between you and your personal injury lawyer. 

What to Do When Entering a Personal Injury Claim

The following are actions to be sure to take when entering into a personal injury claim or pursuing financial compensation: 

DO contact a personal injury attorney. 

Contact an experienced personal injury attorney for help with filing your claims. Your lawyer can review and investigate every aspect of your case, seek to prove fault, and explore your available options to pursue damages. 

DO keep records of everything. 

Also, you should keep every document, record, and file related to your injury or accident for proper documentation. These include relevant information about the other driver, police reports, witness testimonies and statements, and accident scene photos. 

DO keep medical records. 

Keep every single document about medical reports, medical bills, doctor's appointments, and therapy sessions. This will be crucial evidence to evaluate the extent of injuries and other losses and estimate the value of your personal injury claims

DO document your personal account of the incident. 

After the incident, document your personal account while it is still fresh in your memory. Write all the details you can recall before, during, and after the accident.  

DO record how the accident is affecting your daily life. 

Also, document the impact of the accident or injury on your daily life, ability to your work, or earn a living. 

If you or a loved one were injured in an accident due to the negligence of another, you should speak with an experienced personal injury attorney immediately. Your lawyer can help you explore your options for seeking damages and guide you through the legal process. 

Protect Your Life and Your Health 

An accident may result in bodily injuries, missed time at work, reduced productivity or enjoyment of life. Fortunately, Texas personal injury laws allow injured persons to seek financial compensation for any damages and losses suffered. As your personal injury attorney, I'm committed to offering compassionate representation and personalized legal guidance to clients in their injury claims. 

As your attorney, I can evaluate and investigate all of the facts of your unique situation and determine the best way to proceed with your claims. In addition, I will fight vigorously for your best interests, help you negotiate a fair settlement with the insurance company, and take additional legal action on your behalf if necessary. 

If you or someone you know were hurt in an accident, you have the right to explore your options for recovering the damages. Contact me at The Fostel Law Firm today to schedule a simple case assessment with a trusted personal injury lawyer. My firm proudly serves clients in Houston, Texas, and the Southeast New Mexico area.