Injured patient showing doctor broken wrist.

Do’s and Don’ts After an Injury

Law Office of James A. Maniatis Aug. 8, 2022

After an unexpected accident, you’ll be left with many questions: “What should I do if I sustain an injury in an accident?”, “What if I’m injured but don’t have insurance?”, or “Should I talk to the insurance adjuster?”

Few of us are actually prepared for what we should do after being injured in an accident. By following these guidelines, you can dramatically improve your chances of a favorable outcome from your settlement.

For more help with this, contact me at the Law Office of James A. Maniatis to speak with an experienced personal injury attorney. I have office locations in Shrewsbury, Southborough, and Webster, but can help clients throughout Massachusetts, including Westborough, Northborough, Grafton, Boylston, Millbury, Upton, Dudley, and Oxford.

Filing a Personal Injury Claim in Massachusetts

When your insurance settlement doesn’t adequately cover the expenses after an accident, you have the option to file a personal injury claim. In Massachusetts, the statute of limitations to do this is three years from the date of the accident. This may seem like a long time, but it’ll go by fast. If you miss the deadline, a judge will likely throw out your case. 

You should also be aware of the state’s “no-fault” car accident rule which differs from other accidental injuries. In these cases, it doesn’t matter whose fault the accident was, and you must first seek coverage from your own insurance provider before pursuing a claim with the other driver. 

However, if your medical expenses are over $2,000 or you’ve been seriously injured, you can then file a claim with the other party. While this system can help expedite the process at first, it can drag out if you first have to wait on a settlement from your provider and only then move on to the next step.

Do’s and Don’ts When You File a Personal
Injury Claim:

  1. Don’t leave the scene of an accident until you've exchanged information, both to be sure you get everything you need and to avoid claims of a hit and run. You should do this regardless of who was at fault for the accident.

  2. Don’t talk about the case, not even to your friends—and don’t post on social media! 

  3. Don’t talk to the insurance adjuster first; instead, talk to a lawyer. You’ll likely get a call from a claims adjuster a day or two after the accident asking for a statement. You do not have to provide this right away! Simply tell them you’re working with an attorney and will supply them a statement soon.

  4. Don’t accept the first deal you’re offered by the insurance company. Claims adjusters are anxious to move on to their next job and want you to agree to a settlement right off the bat. Be careful though because it might not account for all your future costs, like unforeseen medical expenses and time missed from work.

  5. Don’t neglect your injuries, even if you’re uninsured or underinsured. Seek medical treatment immediately—your health is the number one priority.

  6. Do contact a personal injury attorney. A seasoned attorney can help you gather evidence, advise you on your best steps, and negotiate on your behalf to reach a fair settlement. 

  7. Do keep records of everything: police reports, medical bills, repair bills, photographs of the incident, and witnesses’ accounts.

  8. Do write down everything you can remember leading up to the accident while it’s fresh. The sooner you do this, the more accurate it will be, and you don’t want to contradict your story later on when working with insurance companies.

  9. Do keep every single medical bill, and keep all doctor visits in your calendar. You need to ensure every expense is covered and that you’re keeping up with all treatments. 

  10. Do record how this is affecting your work and ability to draw a paycheck, as well as your daily life.

Compassionate Legal Guidance 

I started the Law Office of James A. Maniatis over 30 years ago because I have a passion for helping people achieve maximum recovery. If you’re looking for a personal injury attorney in the Shrewsbury, Southborough, or Webster, Massachusetts, areas, give me a call today to schedule a consultation.