Are you looking to receive fair compensation after a car accident?
Millions of people suffer injuries each year in crashes throughout the United States. In fact, just in 2022 over 2.6 million people visited an emergency department for treatment of injuries sustained in a motor vehicle crash.
The problem is…
Being injured isn’t enough. You have to build a case that will actually stand up against the insurance companies and that takes preparation, documentation, and knowing the steps to take starting on day one.
Luckily for you, we have put together everything you need to know about how to build a strong injury case after a car accident.
Table of Contents
Let’s take a look:
- Why Medical Documentation Is So Important
- How To Build Your Injury Case: Step-by-Step
- Important Evidence To Gather
- Insurance Companies: What To Do (& Not To Do)
- Mistakes That Will Weaken Your Case
Why Medical Documentation Is So Important
If you have already talked to your insurance company or plan on doing so, they have probably told you about how important medical records are.
Here’s the thing…
Your medical records are literally the foundation of your entire case. Without solid documentation of your injuries, your claim will fall faster than you can say “personal injury.”
Insurance companies, judges, lawyers—all of these people need to see tangible evidence that proves your injuries were caused by the crash.
That’s why it’s crucial that you seek medical attention as soon as possible.
Whether that is going to the emergency room or seeing your chiropractor after car accident injuries start appearing, make sure you receive treatment and have documentation that can back up your claim.
Keep in mind…
Just because you feel fine at the scene of the crash, doesn’t mean you will be fine 24 hours later. Injuries like whiplash, soft tissue injuries, and even internal bleeding can take a few hours or even days to show symptoms.
If you wait too long to seek medical treatment, insurance companies will use that against you.
They’ll argue that your injuries weren’t serious enough to seek treatment or (even better) that they weren’t caused by the accident.
Bottom line:
You should always seek medical attention within 24-72 hours of your accident. Period.
How To Build Your Injury Case: Step-by-Step
Building your case doesn’t have to be difficult, you just need to know what steps to take to start building a strong case that you will be confident with.
Step 1: Document Everything At The Scene
If you are able to, you should collect as much information as you can before leaving the scene of the accident.
This includes:
- Photos of the damage to your car from various angles
- Photographs of the road, traffic lights/signs, and any debris from the crash
- Pictures of any visible injuries you suffered
- Contact information for witnesses
- Insurance information from the other driver
Use your phone to take photos. Take more pictures than you think you will need.
Step 2: Call The Police
Always call a law enforcement officer to the scene of an accident, even if it was minor. When police arrive at the scene, they will file a police report with their observations as well as any citations that were given.
A police report acts as an official record that something happened. This can be very beneficial when dealing with insurance companies or if you decide to take your case to court.
Step 3: Seek Medical Treatment
We already discussed how important seeking medical treatment is. Not only does this act as proof that you were injured, but it creates a clear timeline between your crash and your injuries.
Step 4: Keep Records
You should create a file where you can keep anything and everything that deals with your accident and recovery. This includes:
- Medical bills and receipts
- Prescription costs
- Correspondence with insurance companies
- Notes on how your injuries impact your everyday life
Pro tip: Keep a pain journal. Make a note of your symptoms and limitations, as well as how you are feeling each day. You would be surprised how helpful this can be when determining your pain and suffering.
Evidence You Need To Collect
Like we said earlier, your case is only as strong as the evidence you have. That is why it is crucial that you gather every piece of evidence we talked about above.
The National Safety Council even went ahead and estimated that 44,680 people died in preventable traffic crashes during 2024. While we hope your accident doesn’t fall into these statistics, proper preparation and documentation is what separates successful injury claims from ones that are denied.
Things you will need to collect:
- Emergency room documentation and discharge paperwork
- All follow-up treatment documentation
- Physical therapy documentation
- Diagnostic imagery: X-rays, MRIs, CT scans, etc.
- Prescription documentation
- Verification of lost wages from your employer
Insurance Companies: What To Do (& Not To Do)
Insurance adjusters are not your friends.
While they may seem nice over the phone, insurance companies have whole teams of people dedicated to finding reasons to pay you out as little as possible.
They will:
- Attempt to get you to provide a recorded statement
- Lowball you with a quick settlement offer before you know the full extent of your injuries
- Ask to see your complete medical history
- Try to find reasons to reduce or deny your claim
Don’t take the bait.
What You Should Do Instead
- Don’t admit fault at the scene of the accident. Even if you think you may be at fault, it’s better to be safe than sorry. Never admit fault and definitely do not say “I’m sorry.”
- Report the accident to your insurance company but do not offer too many details. Only provide necessary information and avoid talking about what happened or how you were injured until you have spoken to an attorney.
- Don’t accept the first settlement offer. Insurance companies are known for lowballing their initial offers. They do this so you will take the first settlement amount rather than fight for what you are actually owed.
Mistakes That Will Weaken Your Case
Even if you have a legitimate injury, there are certain things you can do that may weaken your case and result in your claim being denied.
Here are a few things to avoid:
Allowing too much time to lapse before seeking medical treatment
Posting on social media
Neglecting your doctor’s advice and treatment plans
Settling early
Not hiring an attorney
Conclusion
Now that you know how to build a strong personal injury case after a car accident, we hope you will take these tips into consideration should you ever find yourself in a vehicle collision.
To sum it all up:
- Seek medical treatment as soon as possible and abide by your doctors’ treatment plans.
- Document everything! From the accident scene to your everyday pain and recovery.
- Gather all of your evidence. This includes medical records, bills, and even witness statements.
- Be careful when dealing with insurance companies. Don’t admit fault and don’t accept early settlement offers.
- Hire a personal injury attorney to help you receive the compensation you deserve.
Building your case will take time and effort, but your health (and wallet) will thank you in the long run.