What to do after an auto accident, slip and fall or injury from a machine happens in Chicago, Illinois

man complaining of painWhat should I do (or not do) after an accident occurs?

I am often asked by friends, family and, of course, new clients what should be done after an accident or trauma to preserve the rights of the injured person or their loved ones. Every incident, whether it is an auto accident, slip and fall or injury from the use of a product, is different. However, there are important things that should be done after an injury or damage occurs that is common to all of these.

COMPANIES MANAGE RISK – Why does a bus company always send a supervisor out to the scene of an accident? Why is a corporate risk manager called following a commercial truck accident? It is so they can manage the legal harm to their driver and company and minimize their legal fault for any damage the employee’s negligence may have caused. The average person should have access to this information so that when you or someone close to you is hurt that injured person’s rights will be better protected.

INDIVIDUALS NEED HELP – In the chaos and stress following an accident and injury, one may not think about what one should do to preserve or protect the rights of the injured person. However, knowing what to do following an accident or injury is critical to making sure that any claim for damages is resolved fairly.

DIAL 911 – I am not going to suggest any advice regarding first aid. However, clearly the first thing that needs to be done is to call 911 and report any accident and, if there is any injured person, request an ambulance.  Often following an accident an injured person is so shaken up, that may not trust their senses and it is difficult to think clearly. Sometimes this results in an injured person declining an ambulance ride to the Emergency Room. If you are hurt or you suspect someone else at the scene of an accident is hurt, err on the side of caution and go to the Emergency Room and be checked out.

TAKE PHOTOGRAPHS – Take photographs of the vehicles, people and the area. Try to do this before vehicles are moved or towed. These days almost everyone carries a cell phone with a camera built in. Snap away! You can always delete the photos. Take photos that show the wide area and the vehicles and persons involved. These photos may become instrumental in proving certain facts later when the people involved in the accident have had time to reflect on their actions and they begin to change what happened to protect themselves. Photographs will help you and any lawyer you hire to better determine what happened and who may be at fault. If an accident occurs at work, perhaps a trusted co-worker can take a photo of the scene or machine for you.

TAKE NOTES – Get the names of witnesses, police officers, ambulance attendants. Exchange your contact information with others. If you have business cards, hand them out (most of the needed information appears on these). Find out if tickets have been issued and learn the court dates and court locations. Draw a diagram of how the accident occurred. It is best to gather and note this type of information as soon as possible (the police may give you an SR1 form to complete). While it may not be feasible to do this at the scene, do it in the waiting room at the ER or when you get home. Do as much note taking as early as possible while events are still fresh in your mind. Keep a time line of events, contacts, symptoms and medical care. It will you keep track of what was going on and when.  Keep a blank accident report form in your car glove compartment to use in case of an accident.

MEDICAL HISTORY – Make sure to give a clear history at the ER and with any subsequent doctors about what happened to you, when it happened and what injury, pain or discomfort you have experienced. The clearer you are in giving this information means it is more likely accurate information will be placed in the medical records. The medical records become quite important in any claim and are reviewed closely by the insurance company in evaluating the seriousness of any injury.

DO NOT GIVE STATEMENTS – You must give requested information to the investigating police officers and your own insurance company. However, when representatives of the other drivers, persons or businesses or their insurance companies contact you, DO NOT GIVE A RECORDED STATEMENT! The person taking the statement will seem nice and sympathetic but his or her job is to get you to admit that someone other than their insured or employee is at fault. They are trained to get ordinary people to admit things that will cause problem in any future claim.

ATTEND TRAFFIC COURT – Go to the court hearing arising out of your accident.  If you do not and no witness shows in court, it is very likely that the ticket against the driver that was at fault will be thrown out.  The prosecutor cannot prove the case without an eyewitness and rarely is the investigating officer a witness to the incident.     Under Illinois Law, if a driver pleads not guilty to a ticket and if found guilty in traffic court, that is not admissible in a civil case for injuries arising out of  the accident.  However, if he or she pleads guilty, that is admissible. If you are in court and the at fault driver feels he will be found guilty, he is more likely to plead guilty to the ticket.

HIRE THE RIGHT ATTORNEY – The attorneys at Nilson, Stookal, Gleason & Caputo, Ltd. have been handling injury and accident cases for over 30 years. We have obtained millions of dollars through settlements and trials during that time. We are known by insurance companies and insurance attorneys as being capable of filing and winning cases before juries if a fair settlement cannot be reached. This reputation helps us obtain outstanding settlements for our clients. Whatever attorney you choose, make sure that he or she has experience in handling the type of case in question.