The moments immediately following a car accident in New Orleans can be chaotic. Between dealing with pain, assessing vehicle damage, and speaking with police, it’s easy to overlook properly documenting your injuries. But if you’re involved in one of the thousands of injury-causing crashes in NOLA each year, the way you document your injuries in the hours, days, and weeks afterwards can significantly impact your ability to get fair compensation.
Insurance companies and courts rely heavily on concrete evidence, and without proper documentation, your injuries might be questioned or undervalued. Understanding the best practices for documenting your injuries can therefore mean the difference between a fair settlement and a frustrating legal battle.
Immediate Steps at the Accident Scene
Your injury documentation should begin at the accident scene, but only after ensuring your immediate safety and calling the police to file a report. If you’re physically able and it’s safe to do so, start gathering visual evidence immediately. Take photographs of any visible injuries, no matter how minor they may appear. Cuts, bruises, swelling, and abrasions may seem insignificant at first but can worsen over time or indicate more serious underlying damage, so it’s important to get a time-stamped image indicating when they first appeared.
In addition, photograph and video record the vehicles involved, their positions, any vehicle damage, road conditions, weather, and nearby traffic signs or signals. This broader context helps establish the severity of the impact and can support your injury claims.
Make sure to collect contact information from witnesses who saw the accident occur. Their independent accounts can be invaluable in corroborating your version of events and the circumstances that led to your injuries.
When police arrive at the scene, provide them with factual information about what happened. Later, request a copy of the accident report from the New Orleans Police Department, which can serve as crucial evidence for your injury claim.
Medical Documentation Best Practices
Seeking immediate medical attention is perhaps the most critical step in documenting your injuries, even if you believe your injuries are minor. Many serious injuries, including traumatic brain injuries, internal bleeding, and soft tissue damage, may not present obvious symptoms immediately. A medical professional can identify these hidden injuries and create an official record of your condition.
Follow through with all recommended treatments, diagnostic tests, and follow-up appointments, even if you start feeling better after only some treatment. Consistency in your medical care demonstrates that your injuries are genuine and that you’re taking appropriate steps toward recovery. Skipping appointments or ignoring medical advice can be used against you later if you file an injury claim, as insurance companies can argue that your injuries weren’t serious enough to warrant consistent treatment and thus don’t require as much compensation.
Maintain organized records of all medical documentation related to your accident. This includes emergency room reports, physician notes, diagnostic test results, X-rays, MRIs, prescription records, and physical therapy notes. Request copies of all medical records and keep them in a dedicated file. These documents provide objective, professional assessments of your injuries and their impact on your life.
Other Personal Documentation
Beyond medical records, your personal documentation can paint a complete picture of how the accident has affected your life. Start a personal injury journal immediately after the accident, recording your pain levels, symptoms, limitations, and how your injuries impact your daily activities. Be specific about activities you can no longer perform or that have become difficult due to your injuries.
Continue photographing your injuries regularly as they heal or, in some cases, worsen. Take photos from multiple angles and in good lighting to clearly show bruising, swelling, scarring, or other visible signs of your injury. Date and time-stamp these photos to create a clear timeline of your recovery process.
Document the broader impact of your injuries on your life. Keep records of missed work days, lost wages, cancelled social activities, household tasks you can no longer perform, and any changes you’ve had to make to your daily routine.
Save receipts for all accident-related expenses, including transportation to medical appointments and any mobility equipment or home/vehicle modifications needed to accommodate your injuries.
What NOT to Have Documented
While documenting your injuries, it’s equally important to understand what actions could harm your case. Avoid posting about your accident, injuries, or even your normal activities on social media. Insurance companies routinely monitor social media accounts and may use photos or posts to argue that your injuries aren’t as severe as claimed. For instance, a photo of you smiling at a family gathering could be taken out of context and used to suggest you’re not experiencing the pain and limitations you’ve documented elsewhere.
In addition, don’t provide recorded statements to insurance companies without consulting with an attorney first. While you may be required to cooperate with your own insurance company, you’re not obligated to give detailed recorded statements to the other party’s insurer. These statements can be used to minimize your claim later.
Douglas and London Can Strengthen Your Claim
Documenting your injuries after a car accident requires immediate action and ongoing diligence. Avoid common mistakes that could undermine your claim, and remember that documentation today protects your rights tomorrow.
At Douglas and London, our experienced New Orleans car accident attorneys can guide you through this process while fighting for the compensation you deserve. If you’ve been injured in a car accident, don’t navigate this challenging time alone—contact us today to strengthen your claim and maximize your recovery.