Documenting Injuries After a Car Accident

Keeping a record of your injuries can help maximize the value of your claim

Car accidents are traumatic experiences, often resulting in injuries that range from serious to life-threatening. In the aftermath — particularly if someone has been hit by a car in Texas — one of the most important steps they can take is to document their injuries thoroughly. Doing so is not just about keeping records; it’s about protecting their legal rights and ensuring they receive the compensation they deserve.

As Houston car accident lawyers with decades of experience fighting for injured accident victims’ rights, the legal team at Smith & Hassler cannot overemphasize the importance of this process. Here's why and how documenting injuries after a crash can directly impact the ability to secure a fair settlement or court verdict.

Remember, this information is general. If you were injured or a loved one died in a car accident, contact Smith & Hassler for a free case evaluation to learn about the potential legal options and statute of limitations that may apply to your specific situation.

Documentation: The First Step in Protecting Rights After a Texas Crash

The moments following a car accident are often chaotic and confusing, but if health and safety allow it, it’s essential to start documenting your injuries as soon as possible. Texas is an at-fault state, meaning that the person responsible for causing the accident is also responsible for compensating the injured party.

However, to receive compensation, it must be proven that the other party was at fault and that the injuries were directly caused by the accident. This is where thorough documentation becomes critical. Documenting injuries after a crash should include:

Seeking Medical Attention. Even if someone feels fine or believes their injuries are minor, they should see a doctor immediately. Some injuries, like whiplash or internal bleeding, may not be immediately apparent. A medical professional can assess the condition, provide necessary treatment, and, most importantly, create an official medical record of the injuries. This record will be a critical piece of evidence if a personal injury claim needs to be pursued.
Video and Photographic Evidence. Clear, detailed videos and photos of any visible injuries should be taken as soon as possible. Bruises, cuts, and other visible signs of injury can change over time, so capturing their appearance immediately is important. It’s also important to get video and photograph the accident scene, including damage to vehicles, road conditions, and any other factors that may have contributed to the accident.
Collecting Witness Statements. If there are any witnesses to the accident, contact information and a brief statement about what they saw should be obtained. Witnesses can provide valuable third-party accounts that support the victim's version of events and help establish the severity of the accident and the injuries.
Follow-Up Medical Visits. It is crucial to continue seeing a doctor for follow-up appointments and treatments. Each visit creates a record that tracks recovery progress, any ongoing symptoms, and the long-term impact of the injuries. All medical records should be kept, including bills, prescriptions, and referrals to specialists or therapists.
Pain and Symptom Journal. It is important to keep a daily journal of pain levels, physical limitations, and emotional state. Describing how the injuries affect the ability to work, perform daily activities, and enjoy life can provide a personal account of suffering that complements medical records and adds depth to the claim.
Financial Impact. Detailed records of any financial losses related to injuries should be kept. This includes medical bills, lost wages, travel expenses for medical appointments, and other out-of-pocket costs. These records will help calculate the full extent of financial damages, which is essential for determining the compensation that should be sought.

To win a car accident insurance claim, it must be proven that the injuries were caused by the accident. Medical records, photographs, and witness statements can all serve as evidence that links the injuries to the accident. Without this documentation, the other party’s insurance company may argue that the injuries were pre-existing or unrelated to the crash.

Common Mistakes to Avoid When Documenting Injuries

While documenting injuries can be key to a successful claim, it’s also important to avoid common mistakes that could weaken the case. Here are a few pitfalls to watch out for:

Delaying Medical Treatment. Even if someone feels okay after the accident, they shouldn’t delay seeking medical attention. Waiting too long can give the insurance company a reason to argue that the injuries are not that severe or unrelated to the accident.
Inconsistent Documentation. Consistency in documentation is crucial. Skipping medical appointments, failing to update a pain journal, or losing receipts for expenses can create gaps in records that weaken the case.
Exaggerating or Downplaying Injuries. It is essential to be honest and accurate in documentation. Exaggerating injuries can damage credibility while downplaying them can result in inadequate compensation.

How Documentation Helps Lawyers Build Strong Cases

When a car accident attorney in Texas is hired, one of their primary tasks is to build a strong case on behalf of the client. The severity of the injuries will directly impact the amount of compensation that can be received. The more documentation provided, the better the lawyer will be equipped to negotiate with insurance companies or present the case in court. This evidence is critical in negotiations with insurance companies, who may try to downplay the injuries to reduce their payout. Here are some specific ways lawyers use injury documentation to build strong claims for maximum car accident compensation:

Establishing Liability. The lawyer will use documentation to establish liability by showing that the other party’s negligence caused the accident. This might involve analyzing the accident scene photos, witness statements, and police reports. If injuries are well-documented, it makes it easier to prove that they directly resulted from the accident and not something else.
Negotiating with Insurance Companies. Insurance companies often try to minimize payouts by questioning the severity of injuries or suggesting that the victim was partially at fault. The lawyer will use documentation to counter these arguments and push for a settlement that fully compensates the client for their losses.
Preparing for Trial. If the case goes to trial, documentation becomes even more critical. The lawyer will present medical records, photos, journal entries, and other evidence to the jury to show the full impact of the accident on the client’s life. Thorough documentation can make the difference between a successful verdict and a disappointing outcome.

In addition to economic damages like medical bills and lost wages, non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life may also be awarded. These damages are more subjective and can be harder to prove. However, a well-documented record of physical and emotional struggles can be just what a lawyer needs to build an undeniable case for non-economic damages.

Why You Need a Car Accident Lawyer

In the aftermath of a car accident, your priority should be your health and well-being. By documenting your injuries and working with an experienced Houston car accident attorney, you can protect your future and take the first steps toward rebuilding your life. If you’ve been injured in an accident in Texas, don’t wait — contact Smith & Hassler for a free case evaluation. Based in Houston, our legal team is ready to hear from you 24/7. Contact us today to get started.

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