Following an injury at a dangerous premises, victims are focused on dealing with their injuries and getting back to their normal lives. What they may not realize is that seemingly minor decisions made after an accident can have major impacts on a potential injury claim. Actions taken in the days and weeks that follow can affect how the accident, sustained injuries, and their consequences are understood later.
Some mistakes are easy to make, particularly when someone is dealing with pain, uncertainty, and the disruption an injury can cause. However, taking the wrong steps or failing to take important ones can create complications that may be difficult to resolve later. Knowing what to avoid after an injury can help protect a potential claim while allowing the circumstances surrounding the accident and its effects to be properly established.
Delaying Medical Care
Personal injury cases hinge on the harm inflicted upon someone, whether injuries are severe and immediately apparent or less obvious. If you were hurt in an accident, no matter the circumstances, you shouldn’t wait to see a medical professional to assess your condition.
Failing to seek treatment doesn’t preclude you from pursuing a case, but the delay will likely be used against you when challenging your claim; it calls into question the injury’s real impact, especially if damages are not obvious. The defence may also argue that the injuries stemmed from a cause unrelated to the dangerous condition that caused the accident. Of course, if your injuries are legitimate and supported by evidence, that defence is typically less effective.
It is also important to follow the medical advice you receive. This includes attending recommended appointments, following treatment plans, and respecting any restrictions on your activities. If you have concerns about the recommended treatment, you can seek a second opinion, but simply disregarding medical advice can raise questions about the impact of your injuries and how quickly you recovered.
Failing to Report the Accident
No matter where an accident occurs, it is important to report it to the person or organization responsible for the property as soon as possible. This could mean notifying the owner or manager of a residential or commercial property, or reporting the incident to the appropriate municipal office if the accident occurred on public property.
The accident should be reported in writing or another trackable format. Doing so establishes an official account stating that the accident occurred, including when and where it happened, and that at least one of the responsible parties was made aware of the incident. Without a report, it can be more difficult to verify these details later, particularly if time passes before a claim is made. If the injury occurred on municipal property, you must report the details of the accident in writing within 60 days of its occurrence in order to keep the claim alive.
Failing to Collect Evidence
Evidence often becomes harder to obtain as time passes, so it’s important to preserve what you can soon after the accident. Photos and videos can document the dangerous condition that caused the injury, as well as the surrounding area, while witness statements can provide an independent account of what occurred.
Other evidence may also be relevant, including correspondence showing that the property owner was previously warned about a hazard, maintenance records, and other documentation concerning the condition of the premises. You should also keep the clothing and footwear you were wearing when the accident occurred.
Providing Inaccurate Information
It is important to be honest and accurate when describing the accident and your injuries to healthcare providers, lawyers, insurers, and anyone else involved in the claim. However, this doesn’t mean you’re expected to remember every detail. An injury itself may affect your memory or ability to recall exactly what happened, and it is better to acknowledge that you do not remember something than to speculate about what may have occurred.
Where details are unclear, other evidence may help establish what happened. On the other hand, intentionally hiding relevant medical history, exaggerating symptoms, or fabricating details can damage your credibility and give the defence grounds to challenge your claim. If you realize that you have provided incorrect information or left out something important, tell your lawyer as soon as possible. Addressing a mistake promptly is better than allowing inaccurate information to remain uncorrected.
Admitting Fault
Victims should refrain from making suggestive statements concerning their responsibility for an accident. Saying something as simple as, “I should have been paying more attention,” may seem harmless at the moment, but such declarations could later be used against you in a personal injury claim. Even statements made after the accident in text messages, emails, or other documented communication can be cited in a case.
Talking About the Accident
Emotions are likely high after an accident, and victims may want to express their feelings about the accident to help cope. However, it’s crucial to be mindful of what is said after an accident. Posting on social media, leaving reviews online, or discussing the circumstances in texts or emails could be used against the injured party. Statements made afterward can be taken out of context or used to challenge the version of the event in question.
You should not assume that private communications are irrelevant simply because they were not intended for the public. Depending on the circumstances, communications and other records may become relevant to a claim. Keeping discussions about the accident and your injuries limited can help avoid creating unnecessary evidence that could be used to challenge your claim.
Engaging in Activity Too Soon
Going back to work before you are ready or engaging in physical activities can appear inconsistent with the limitations caused by injuries. If someone claims that an injury prevents them from performing certain activities but is also seen doing something similar, the defence will use that to question the severity of the injury and the extent to which it affects the victim.
Waiting Too Long to Talk to a Lawyer
Anyone considering a claim after a premises injury should speak with a lawyer as soon as possible. There are time limits for bringing claims in BC; waiting can also make it more difficult to preserve evidence, locate witnesses, and establish what happened.
Even when strong evidence exists, the property owner and its insurer may challenge the claim or seek to limit the compensation available. Getting legal advice early can help identify potential issues and avoid mistakes that could weaken a claim.
How Stephens & Holman Can Help
A premises injury can raise important questions about liability, evidence, and the compensation available for resulting injuries and losses. Stephens & Holman can help assess the circumstances surrounding an accident, explain the legal options available, and work to build a claim supported by the available evidence. Reach out to us today to learn more or to schedule a free consultation.