New Mexico Injury Attorney Blog

The aftermath of dealing with a personal injury can be a confusing and difficult time. Medical bills are due, wages are lost, and one may even face the possibility of having to live with a life-long disability as a result. Insurance can provide some monetary compensation for expenses, lost earnings and diminished quality of life. Often times,where coverage is available, there will be immediate insurance benefits available. Thus, it is important to notify the appropriate insurance company to receive the compensation you are entitled to and avoid out-of-pocket costs as you recover.

Before contacting any insurance company, gather as much information as you can. They will want details concerning how, when, and where the accident occurred, as well as who was involved. You may also want to gather witness information, police reports, and any medical reports for treatment you received as a result of the accident.

You should also review your policy to determine if written notification is required. If you do not have access to the policy, or the policy belongs to another party, be sure to ask the claims personnel you are working with about the specific requirements of notification. Some insurance companies will accept telephone notifications.

Personal injury claims can be filed under a number of different insurance policies, depending on the type of claim being pursued. The most common insurance policies called upon in personal injury actions are auto insurance, homeowners, or business premises liability policies.

In case of an automobile accident, you should generally notify both the insurance company that insures the vehicle you were driving, as well as the insurance company of the other vehicle involved. In case of accidents such as slip and fall accidents that occur in a private home or business, the homeowner's or business insurance carrier should be notified. In cases involving a governmental entity, the notice requirements are very strict under the Tort Claims Act allowing only 90 days from the date of the accident to notify the appropriate authority of your claims. In each where you are dealing with an insurance company other than your own, you would be well advised to seek the assistance of an experience personal injury attorney. This is particularly important where the insurance company seeks an interview or statement from you.

On rare occasions, claims may be made against an individual's personal umbrella policy. This would occur if the responsible party actually has such a policy, which is unusual in New Mexico, and is used when claims have exhausted the policy limits of all other insurance.

When a claim involves an uninsured party or even an unknown party, like a hit-and-run accident, it is very important to notify your own insurance company in a prompt manner. New Mexico Regulations require that an insured or other individual making an uninsured/underinsured motorist claim provide written proof of claim to their insurance company as soon as practicable. Your insurer will have forms for this purpose and must provide them to you within 15 days of notice of claim.

Related Reading:
Optional Auto Insurance Coverage Often the Most Beneficial to Your Family
No Wiggle Room for Late Insurance Premiums in New Mexico
Personal Injury, Insurance Coverage and the Lies of Tort Reform

Collins & Collins, P.C.
Albuquerque Attorneys

A new program in the University of Michigan Health System has significantly lowered the number of medical malpractice lawsuits. It is a remarkably simple program. Bloomberg Businessweek reports that the University of Michigan has found that doing the right thing by acknowledging and taking full responsibility for a medical error actually decreased its malpractice liability by 60 percent.

Much like the Texas program "Sorry Works," the University of Michigan has found that admitting an error, apologizing, taking steps to avoid similar future errors, and offering reasonable compensation for the patient's harm all go a long way toward heading off medical malpractice lawsuits.

This approach is in stark contrast to the traditional approach that is still practiced in most states and most hospitals. The traditional response to a medical error has been to deny everything and send the case to the insurance defense attorneys. In fact, this very approach has done more to stir medical malpractice lawsuits than anything plaintiffs or trial lawyers have done. Patients, and Americans generally, want people to take responsibility for their mistakes. This includes doctors and nurses. The very act of denying responsibility for clear medical errors is what drives many medical malpractice lawsuits.

There is no shortage of research illustrating the impact of honesty and responsibility in reducing medical malpractice lawsuits. The Texas "Sorry Works" program is a testament to those principles. Doing the right and moral thing reduces not only medical malpractice lawsuits, but other personal injury lawsuits as well. Unfortunately, the standard response to medical errors and personal injury claims generally is to begin the discourse with a flat denial of liability. Following the denial of responsibility, defense lawyers will often then attack the plaintiff's honesty and integrity. Contrary to popular belief, lawsuits are generally driven by insurance defense practices more than anything else.

In stark contrast to the new practices of the University of Michigan and Texas "Sorry Works," as often as not, an injured plaintiff will run into a stone-walling insurance adjuster who will scratch and claw for every penny on the table. Then the adjuster and insurance industry as a whole with a wink and a nod will express outrage and disbelief that the plaintiff would contact an attorney. In the adjuster's perfect world, the insurance company would be allowed to continue to charge exorbitant and largely unjustified medical malpractice insurance premiums along with the many other varieties of liability policies without ever paying a single claim. For the rest of us, a simple apology and acceptance of responsibility would be a good start.

Related Reading:
The Power of an Apology: "Sorry Works" in Medical Malpractice Claims
The Myth of the Frivolous Medical Malpractice Lawsuit
Obstetrics Medical Malpractice Suits Avoidable Through Training, Preparation and Communication

Collins & Collins, P.C.
Albuquerque Attorneys

A personal injury case can be very extremely stressful, emotionally, physically and financially. The primary concern for many who have been injured in a personal injury case, particularly auto accidents, is compensation for time missed from work as a result of the injuries. Lost wages as a result of missed work due to injuries is compensable in damages. In cases with very serious or permanent injuries, lost wages may in fact be the greatest loss suffered as a result of an accident.

To make a claim for lost wages, the necessity for missing work and resultant lost wages must be supported by documentation. This typically begins with a physician's written notes and instructions regarding work duties. The work limitations should result from a the advice of a medical professional to fully validate the claim. It may be hard to argue medical necessity without such medical advice. At some point, the lost wages will be totaled up to reflect the medically necessary missed work days.

For proof of lost wages, the insurance company will want to see pay stubs or past income tax returns in addition to medical records. Proof of lost wages should include information regarding overtime, bonuses and raises, as well as details about missed opportunities for promotion or commissions. In addition, the value of sick time or vacation time that is used for lost work or treatment should be included in the calculation.

In addition to work missed due to the inability to perform job duties, you may also be able to claim time lost from work for ongoing medical appointments due to the injury. These appointments and the missed work that results can mount up over time to significant financial loss particularly for hourly employees.

Serious and permanent injuries may result in demotion and/or termination from employment due to inability to fulfill job duties or excessive absences. In very serious cases, an injured person may never work again. These situations involve lost earning capacity and lost future wages. Insurance companies often call in experts to construct what your future earnings would have been had the accident never happened. In these cases, you are entitled to recover fully for lost future wages and lost earnings capacity above and beyond past lost wages. Because the insurance companies will want to minimize your losses, it is generally necessary to hire your own expert to bring a little reason and fairness to the insurance company's calculations.

Related Reading:
Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
Personal Injury Contingency Fee Arrangments Essential to Justice System
Valuation of Personal Injury Claims in an Auto Accident: You are Not Just a Number!

Collins & Collins, P.C.
Albuquerque Attorneys

A new school year has started and teens are headed back to class, sports practices and other various activities. While this is a time of exciting change, it can be a time of great risk for those teens who find themselves in the driver's seat. Automobile accidents are the number one cause of teen deaths in New Mexico and nationally, a teenage driver is killed every 6.5 minutes.

Teens face several risks when driving. Predominantly, it is their lack of driving experience that increases their risk of being in an automobile accident. Often, teens just don't have the intuitive driving skill that comes with experience. They can also underestimate the danger of certain situations or hazards while overestimating their own abilities and immortality. Then there is inattention that occurs naturally in teens and the even more dangerous distractions that bring upon themselves: unruly teenage passengers, food and drink and worst of all mobile phones and texting. Couple these dangers with the added dangers of nighttime driving, dangerous weather conditions, and frequent failure to use a seat-belt, and you arrive at a pretty hazardous driving scenario for both the teen driver and the rest of us.

Fortunately, the risks can be reduced. There are numerous resources available from New Mexico MVD for the reduction of teen driving risks beyond the mandatory driver's education programs and graduated license programs. These include numerous available defensive driving instruction, and driving workshops. Increased driving instruction, particularly in defensive driving techniques and emergency situations can boost a teen's experience level.

Despite all the available resources, the reality is that most teens will do the absolute minimum to get their license. This comes to the most important determinant of teen driver safety, parental role models, guidance and instruction.

Parents of teen drivers can actually help increase their child's safety behind the wheel by being a good role model. Parents should demonstrate safe driving techniques. Some of what teen learns about driving is learned through observation. Just as importantly, much of what a teen believes is acceptable driving behavior comes from observation of parents and others. Parents should spend as much time as possible as a passenger while their teen drives to spot dangers and provide input into their driving. In some cases, the parent might also be able to identify and correct some learned dangerous driving habits.

Driving is a serious responsibility with the potential for serious consequences. Fortunately, teen automobile accidents are preventable. With an increase in education, adherence to state regulations and parental involvement, teen drivers can be better equipped to face the risks that driving presents.

Related Reading:
Car Accidents: A Leading Cause of Death in Teens
Texting & Driving Don't Mix
The Potential Costs of "Cool" Parenting are High During High School Graduation Season

Collins & Collins, P.C.
Albuquerque Attorneys

The New Mexico Supreme Court addressed the growing problem of outside influence on jurors. The case addressed a low tech version of the problem but the holding has far broader implications on New Mexico jury trials in the age of Google, Facebook, Twitter ...

The case of Kilgore v. Fuji Heavy Industries, (the manufacturer of Subaru) addressed a situation where a juror in a seatbelt malfunction case received input from a source outside the courtroom. The juror's brother in law, a Subaru mechanic, apparently opined with the juror that a break failure in the Subaru was very unlikely. The jury found for the defendant Fuji Heavy Industries.

The plaintiffs requested a new trial on the grounds of improper juror conduct prejudicial to the plaintiffs. The trial court denied the plaintiffs' motion. The New Mexico Supreme Court reversed the trial court. However, rather than order a new trial, the Court ordered that the case return to the trial court for an evidentiary hearing to determine whether the outside influence was indeed prejudicial to the juror's decision.

In sending the case back for an evidentiary hearing, the Court ruled that it was the burden of the plaintiff to show that material extraneous to the trial reached the jury, the material related to the trial, and it was reasonably probable that the outside information affected the jury's verdict or the typical juror. This in short was a small victory for the plaintiff which must now go back and prove that information reaching the jury in the 2006 trial did in fact prejudice the jury's ruling.

The case is perhaps more interesting due to the growing influence of the internet on juror deliberations. In any trial that lasts more than a few hours where the jurors remain sequestered, some jurors just cannot resist the urge to conduct a little outside research or in many cases to even post the events of the day to Facebook, MySpace, Twitter or other social media. One recent Detroit juror went so far as to post his verdict on Facebook before the trial was over!

The challenge then becomes proving outside juror influence or bias. Jurors are not allowed to testify to juror deliberations. Instead, the parties and their attorneys must uncover the wrongdoing themselves. In the case of the Detroit juror, the defense attorney was fortunate enough to have an tech savvy teenage son who discovered the impropriety on Facebook. Uncovering improper conduct on Facebook can be very difficult where security settings are in place. Proving that a juror did some independent research is near impossible without an actual admission from the juror himself.

If a party is fortunate to have a juror honest enough to admit wrongdoing, it must still be proved that the research had a prejudicial affect on the outcome of the trial. This must be proved at an evidentiary hearing which may come years later as it did in Kilgore v. Fuji making this a very difficult burden to carry. In the past, there was presumption of prejudice. In these cases, this seems like a rather safe presumption. After all, why would a juror research the topic at all but for the influence it would have on his or her decision.

Related Reading:
Post at Your Own Risk! Social Media Discoverable in Litigation
Outside Jury Influence Difficult Challenge with Rise of Mobile Technology and Social Media
Growing Perils of Social Media - Your Insurer is Watching!

Collins & Collins, P.C.
Albuquerque Attorneys

Proof of causation is essential for liability in a personal injury claim. The Tenth Circuit Court of Appeals recently set forth the "but for" analysis undertaken in New Mexico personal injury cases in Wilcox v. Homestake Mining. The Court made it clear that a plaintiff must show that "but for" the negligence of the defendant, the plaintiff would not have suffered injuries. In Wilcox, a toxic tort case, the Court found that the plaintiffs had failed to make this showing. The ruling suggested rather harsh treatment of plaintiffs in New Mexico personal injury cases when it comes to causation since the plaintiffs were unable to show that their illnesses, including cancer in some of the plaintiffs, would not have occurred but for the toxic exposure.

The ruling in Wilcox is interesting when viewed in light of a recent New Mexico Court of Appeals case, Provencio v. Wenrich. Provencio involved a failed and admitted negligently performed sterilization procedure. The plaintiff sued the doctor for medical malpractice for the wrongful birth of a child. Notably, New Mexico law allows a parent to recover in damages the costs of raising a child following a negligent and failed sterilization procedure. Perhaps, the most remarkable aspect of the case is that the doctor informed the plaintiff that the sterilization procedure had failed and the plaintiff chose not to have the procedure corrected. Instead, the plaintiff chose to use condoms for birth control purposes and became pregnant as a result.

The defendant moved for judgment as a matter of law at the close of plaintiff's case at trial for failure of plaintiff to prove that defendant failed to warn the plaintiff of the failed procedure. The district court granted the defense motion dismissing the case. The New Mexico court of appeals reversed stating that proof of failure to warn by the doctor was not an essential element of the plaintiff's claim.

Essentially, the defendant argued that plaintiff's knowledge of the failed procedure and her failure to take appropriate remedial action constituted an independent intervening cause of the wrongful birth. The court followed the 1999 New Mexico Supreme Court case of Torres v. El Paso Electric in holding that independent intervening causation is no longer followed in New Mexico. Instead, the law in New Mexico is based upon comparative fault and comparative fault is always left to the jury.

Thus, the case will be sent back to the district court for retrial. The jury will be left to decide the issue of comparative fault and may very well decide in favor of defendant. However, the court rightfully turned this decision back over to the jury. The ruling is seemingly difficult to reconcile with the Wilcox case. In Wilcox, the court ruled that the plaintiffs had failed to adequately illustrate the causal connection between the toxic exposure and the resulting illnesses. In Provencio, there was no lack of evidence.

In fact, even following Wilcox with a "but for" analysis in Provencio would lead back to the jury. It is left to the jury to weigh the "but for" of the doctor's negligence against the "but for" of the plaintiff's comparative negligence. The main difference in the two cases is that the Tenth Circuit in Wilcox took the issue from the jury while the New Mexico Court of Appeals in Provencio left the determination where it rightfully belongs.

Related Reading:
Joint and Several Liability: Auto Accidents & Negligent Medical Care
Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
Failed Sterilization, Wrongful Conception, Duty to Inform and Damages in New Mexico

Collins & Collins, P.C.
Albuquerque Attorneys

In order to establish liability in a personal injury action, the plaintiff must show causation. In other words, the plaintiff must show that the actions of another party or person caused his or her injuries and damages. This seems like a relatively simple matter but it is not always real clear what caused a plaintiff's injuries. And without causation, there is no liability on the part of the defendant.

In Wilcox v. Homestake Mining Company, the 10th Circuit Court of Appeals addressed the requirement of causation under New Mexico law in the context of a toxic tort case. The basic facts involved the exposure of numerous individuals to radioactive and non-radioactive hazardous substances that were released from Homestake's uranium milling mining facility in Cibola County, New Mexico. Over the years following the exposure, these individuals developed a number of health problems including cancer, and some had died from their illnesses.

The District Court granted the defendant summary judgment for the failure of the plaintiffs to prove that the exposures caused their illnesses. The District Court ruled, and the 10th Circuit Court of Appeals agreed, that New Mexico law required a "but for" showing of causation. Essentially, this standard means that the plaintiffs must show that but for the exposure, they would not have developed their illnesses. The Court found that the plaintiffs had not met this standard.

The plaintiffs made a fairly compelling argument that the requirement to show but-for causation would prevent virtually all toxic tort claims since it is impossible to prove conclusively that the injuries would not have occurred but for the exposure. The Court in response stated that "but-for causation in this context, as in other contexts, does not require proof to an absolute certainty." The Court drew from medical negligence cases which requires proof of causation only to a "reasonable degree of medical probability." The Court stated that the same standard would apply in the toxic tort case.

The standard of "proof to a reasonable degree of medical probability" essentially applies across a broad spectrum of New Mexico personal injury cases. In addition to the problems in a toxic tort case where illness arises years after an incident, there is a related problem with preexisting injuries. Personal injury plaintiffs often have preexisting illnesses or injuries, such as preexisting back or neck problems in an auto accident. In fact, those with neck and back issues are in the majority for older individuals. The problem in auto accidents or any other personal injury case is identifying the additional injuries or in the alternative the aggravation of injuries or illnesses caused by the accident.

Preexisting injuries, as with injuries caused by factors other than the accident or negligence of another, are not compensable. However, the aggravation of existing injuries as well as additional injuries are recoverable. The challenge, particularly with some miserly insurance companies, is establishing the additional or aggravated injuries or damages. It is not always as straightforward as one might wish.

Related Reading:
Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
Mitigation of Damages in New Mexico Personal Injury Claims
Punitive Damages in New Mexico: What is Reasonable?

Collins & Collins, P.C.
Albuquerque Attorneys

A huge nursing home neglect verdict in California leads to further cries for tort reform. A jury awarded a whopping $677 million verdict against Skilled Healthcare Group, Inc. The personal injury class action lawsuit involved 32,000 patients of Skilled Healthcare.

The suit alleged that the standard of care fell well below standards as a result of Skilled Healthcare's deliberate understaffing of its facilities. It was alleged, and goes without saying, that the staffing decisions were profit driven. The company failed to meet the minimal California standards that fall even below federal standards. California requires only 3.2 daily staff hours per patient where federal regulations require 4.1 staff hours per patient.

As a result of the company's profit driven understaffing of its facilities, its patients were severely neglected with even basic needs such as basic hygiene meeting with significant delays. There are many that now herald the case as not a call for better and more responsible elder healthcare, but for tort reform. It is not the suffering of the patients at the hands of profit driven staffing decisions that upsets these folks. Instead, there are many that see the verdict as new grounds for sheltering corporate profits from callous, cruel and inhumane profit driven decision-making. It makes perfect sense that in today's climate that rather than address the suffering of the 32,000 patients that suffered as a result of Skilled Healthcare's neglect, these folks would demonize the helpless elderly suffering at the hands of Skilled Healthcare and others like them, and of course the lawyers who came to their aid.

Cries for tort reform follow every large verdict involving a corporation or industry. In fact, the moaning begins years in advance in an attempt to sway juries. Trial lawyers and the clients they represent have been under attack for the last 30 years. The cries come from the same direction as the calls for deregulation of the oil industry and gulf drilling in the midst of the BP disaster, the calls for bans on medical malpractice suits when the Institute of Medicine estimates that up to 98,000 patients die each year as a result of medical malpractice, and the arguments against financial industry reform following the near collapse of the world economy directly related to the existing lack of regulations.

Oddly, these arguments often hold sway. Fortunately, the California jury in this case did not buy into the fantasies that drive these arguments. Perhaps the jury recognized the very real and inevitable fact that many of them or their loved ones will at some point be forced, certainly few go willingly, into the care of a nursing home. And once they get there, maybe their verdict will provide them a little protection. Nursing home management companies like Skilled Healthcare if allowed would slash their staffs down to the receptionist and the accountant in the name of corporate profits. Fortunately, there are still attorneys willing to take on these injustices and there are still juries willing to listen despite the relentless attack on trial lawyers over the past 30 years.

Related Reading:
Medical Malpractice Reform Harms Patients and the Taxpaying Public
Cons, Big Cons and Medical Malpractice Reform
Tort Reform and The Hypocritic Oath

Collins & Collins, P.C.
Albuquerque Attorneys

Children are typically involved in a myriad of activities, including sports; thus the likelihood of injury is ever present. Even a slight bump to the head can become a situation in which the child will need emergency medical treatment. Generally, a first time minor concussion will have little long term consequences. However, as anyone knows from following the NFL, boxing, or other professional sports, it is the secondary concussion that can have devastating and permanent consequences.

Concussion is considered a traumatic brain injury, resulting from a blow, jolt or bump to the head or body. The brain moves quickly back and forth in this situation, possibly causing bruising, nerve damage and even blood clots. Most concussions do not result in a lack of consciousness, which may further delay treatment. Prompt recognition of concussion and quick response to stabilize the child can prevent further injury and even death.

Because there are usually no outward signs of concussion, they are difficult to identify. Even doctors have difficulty diagnosing them, because brain scanning equipment does not specifically identify concussions. Yet, children can report symptoms that are helpful in determining if a concussion exists. Likewise, parents, coaches or other observers can help recognize the signs of concussion.

The warning signs of concussion usually fall within four categories: thinking/remembering, physical, emotional/mood and sleep disturbance.

The thinking/remembering category includes:

• confusion or concentration problems
• difficulty recalling events before or after the injury
• responding slowly to questions
• being confused or unsure of current activities

The physical category consists of:

• pressure in the head or headache
• dizziness or balance problems
• nausea or vomiting
• sensitivity to light and/or noise
• lack of energy

The emotional/mood category involves:

• an increase in emotion
• sadness
• anxiety or nervousness
• irritability

The sleep disturbance category includes:

• sleeping less or more than usual
• trouble falling asleep

You should seek immediate medical attention if your child presents any of these signs. It is important to note that some of these symptoms may not appear immediately after the child suffers the injury. Some symptoms may develop after several days, weeks or even months.

Because children are children and many will not let anything, even brain injury, get in the way of their fun, parents, teachers and coaches to educate themselves on the signs of concussion. We owe it to our children to err on the side of caution no matter how badly they want to get back on the field.

The CDC has plenty of materials for just this purpose. To learn more about youth and concussions, visit the CDC website where you find much of the information you need.

Related Reading:
Unattended Cars, Heat and Children: A Deadly Combination!
Teen Driver Safety
Teen Suicide Warning Signs

Collins & Collins, P.C.
Albuquerque Attorneys

As another oil rig burns in the Gulf of Mexico, BP is attempting to extort new Gulf leases with suggestions or perhaps threats that without these new leases it cannot or will not pay the damages for the disaster it has caused in the Gulf.

A new bill working its way through Congress would bar any company from receiving deep water drilling permits if it has had more than 10 fatalities on its rigs or has been penalized with fines of more than $10 million under the Clean Air or Clean Water Act. The bill does not mention BP by name but oddly BP is the only company with this track record.

Of course the bill will likely never pass anyway. Remember "drill baby drill." It's still the mantra of the Republican party. It is just whispered now rather than being plastered on t-shirts and posters at campaign rallies. The Right is not concerned with the disaster(s) in the Gulf. It is easier to blame the Democrats and Obama. Instead, in the midst of the crisis they attack Obama for not stopping the horrible and uncontrollable spill that 30 years of oil deregulation has caused. They publicly criticize Obama for not doing more to stop the spill while they continued to fight any meaningful regulation of the oil industry that would stop future spills, and perhaps a few regulations that might help to prevent rigs from exploding, like the one that blew up yesterday.

Oddly, the Right goes the other direction than common sense might dictate. Rather than legislation and regulation to increase the safety of rigs to protect the Gulf and the workers on those rigs (do not forget 11 men died in the BP disaster), the Right will continue to fight for deregulation. It's just what they do and who they are. They can't help it.

But there is more to it than safety of offshore rigs. The deregulation craze has spilled into all other areas of energy production. There are hundreds of contaminated water suits that have been filed against Massey Energy for vast contamination of drinking water in the areas in which they operate. The natural gas industry, the purportedly clean energy alternative, is following suit. Natural gas does indeed burn clean, however, the extraction process has devastating impacts on water supplies around the wells. Like the coal slurry contamination, the chemicals used to extract the gas from the ground seep into the drinking water of nearby residents rendering the water toxic. Yet, there is little regulation over the extraction process or the chemicals that are pumped into the ground.

In the end, thousands upon thousands more will be injured as a result of deregulation of the oil and energy sectors. There will be promises of clean methods. And when mistakes or disasters occur, there will be promises of absolute responsibility. Then there will be back pedaling as with the extortionate threats of BP over regulation of deepwater drilling permits. It will be quite dramatic as legislation quietly dies in Congress and business continues as usual. The only thing left will be the lawsuits to compensate the victims for their damages. Naturally, the Right will then chime in attacking the lawyers that attempt to help those victims and the victims themselves for their opportunistic greed. And BP and friends will skip along their merry way as taxpayers pay for their mistakes.

Collins & Collins, P.C.
Albuquerque Attorneys

Immediately following any personal injury accident, it is important to document all of the particulars surrounding the event, as well as preserve any evidence that can support your claim. Time has a way of eroding these details if left to memory several weeks later, so write down the details at your first opportunity. If you are unable to preserve this evidence due to the extent of your injuries, obtain the help of a family member or friend.

Transport by ambulance or other emergency medical personal will create a good record of medical treatment related to the accident. However, if you were not taken by ambulance, be sure to follow up with your health care provider as soon as possible. This will insure formal documentation of your injuries by a third party. Be sure to photograph any visible injuries without delay, as they can change quickly over time.

Revisit the scene of the accident as soon as practical. In the case of an automobile accident, it would be helpful to visit the scene at the same time of day on the same day of the week as when the accident occurred. Make note of the traffic conditions, traffic controls and road conditions. Take photographs of the area for those who may not visit the scene in person.

In the case of a slip and fall or other liability type claim, return to the scene as soon as you are able. Repairs or improvements are typically made quickly to prevent further liability. In addition, other conditions can change rapidly such as icy or slippery walkways. If possible, photograph the areas, dangerous conditions or obstacles that caused the accident.

Identify any witnesses to the accident at the time of the accident particulaly those that were not included in a police report or when a police report was not prepared. They may have seen or heard things that escaped your attention. In addition, their testimony carries far more weight than yours in case there are disputed facts. You will want to contact witnesses promptly, as memories have a tendency to fade and people frequently move.

Continue to take notes as you recover. These notes can include the effects the accident has had on your daily life, as well as the pain and limitations you have had to face. You may also want to document your mood, including any anxiety or depression issues, and sleep disturbances.

Good record keeping will ease some of the stress you feel when working through a personal injury claim to its resolution. Taking the steps necessary to preserve evidence and document your injuries and damages is key to a successful outcome in your personal injury claim.

Related Reading:
Evidence of the Plaintiff's Criminal Past in Personal Injury Cases
Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
Personal Injury Contingency Fee Arrangments Essential to Justice System

Collins & Collins, P.C.
Albuquerque Attorneys