If there is a potential claim for personal injury, it is very important to preserve the integrity of the claim in every way possible. The following are some of the important things to remember and do if one thinks he or she might have a case:

• Don’t discuss incident with other party or that party’s representative – Statements made at the time of or following the incident could be used against claimant as the case unfolds.
• Seek immediate medical attention – Documentation of injuries is essential to recovery of damages; and procrastination in seeking necessary medical treatment can reduce the value of the claim.
• Write down the sequence of events as soon as possible – Claimant’s memory of the incident (what happened and how it occurred) tends to fade with the passage of time.
• Preserve potential proofs or evidence – such as the claimant’s shoes in a trip-and-fall case; documentation of injuries sustained; or photograph of the site where the accident happened, etc.

It is also important to keep documents bearing on damages sustained, where applicable, like

• Medical and hospital reports.
• Medical bills.
• Repair estimates or bills
• Documentation of lost earnings to date (e.g., statement from employer).
• Documentation of all other “out of pocket” expenses incurred (e.g., car rental costs, towing charges, photographer’s costs, etc.).

Keep in mind that there is a two-year statute of limitation for such claims.

CCP §§ 335.1

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

After these preliminary steps, a claimant must immediately work with a lawyer who is an expert in personal injury cases for proper guidance on the right things to do regarding the claim.