How to Document Catastrophic Injuries After a Car Accident

Every year, thousands of Texans visit emergency rooms seeking treatment for serious injuries sustained in automobile accidents. Car crashes are a leading cause of unintentional injuries and deaths in Texas. Sadly, individuals with catastrophic and permanent injuries often do not receive the financial compensation they need due to a lack of knowledge of how to prove their injuries and losses.

If you suffer a severe, life-altering injury in a motor vehicle accident in Texas, consulting an Austin car accident lawyer and correctly documenting your accident and injuries for an insurance claim or personal injury lawsuit is critical. Your ability to hold someone else accountable rests on the strength of your catastrophic injury documentation.

What Is a Catastrophic Injury in Texas?

A “catastrophic injury” after a car accident describes any physical injury that fundamentally alters a victim’s life. The consequences of a catastrophic injury can be severe and long-lasting, such as physical impairments, cognitive disabilities, neurological impairment, permanent paralysis, chronic pain, and personality or behavioral changes. 

Call the Police

You should always report any car accident in Texas to law enforcement if it results in injuries of any kind or $1,000 or more of apparent property damage. Contacting the police creates a record of the accident, as you will receive a police report with the details of the crash. This includes official documentation of your injuries.

If paramedics are called to the scene, the police will include your injuries in the police report. You can submit a copy of your police report to a car insurance company to help prove your injuries and their cause. Don’t discuss your injuries in any detail or say that you aren’t injured to a police officer until you have visited a doctor.

Seek Immediate Medical Care

Call an ambulance at the scene of the car accident or immediately go to the closest hospital after you leave the scene. Delaying your medical care can make it harder to prove to an insurance company that your injuries are directly connected to the automobile accident.

It could also signal to an insurance company that your injuries weren’t that serious, or give them a reason to diminish your payment due to “failure to mitigate damages,” meaning the insurer is blaming you for the extent of your injuries because of delayed treatment.

Not all catastrophic injuries are immediately apparent. Delayed symptoms are a possibility. A traumatic brain injury from a car accident, for example, may not cause noticeable symptoms for a few hours or even days while the brain experiences swelling or bleeding. In some cases, adrenaline from the crash can mask pain and delay the discovery of an injury. 

It is important to always seek professional medical treatment after a car accident, even if you initially do not notice the symptoms of an injury. A medical checkup using diagnostic tests and x-rays can detect a serious injury even before symptoms arise. Early diagnosis and treatment can aid in your recovery, as well as clearly document your injuries and their connection to the car accident.

Document Your Medical Care and Treatments

Your medical journey is a key aspect of a catastrophic injury car accident claim in Texas. To seek a fair and accurate value in financial compensation for your catastrophic injuries, you must have clear records and documentation of your injuries and the treatments you received.

The following types of evidence can be useful in proving your catastrophic injuries:

• Initial treatment documents and hospital bills
• Emergency room records, x-rays and medical imaging tests
• Medical diagnostic test results 
• Neurological evaluations for a brain injury
• Injury diagrams
• A note from your physician 
• Surgical records
• Treatment plans 
• Medication prescriptions
• Follow-up appointments 
• Appointments with specialists
• Transportation costs to and from doctors’ appointments
• Ongoing treatments or live-in care
• Disability accommodations or home and vehicle modifications

Follow your doctor’s recommended treatment plan, missing no appointments. Keep all your injury records and medical documents along the way to create a strong history of medical care and related expenses.

Take Photographs of Your Injuries

Photographic documentation can provide strong evidence proving your catastrophic injuries and demonstrating their extent. Take pictures of your injuries on the day of the car accident as well as throughout your medical journey. Images and videos can provide compelling evidence that shows a judge or jury how severe your injuries are and any permanent scarring or disfigurement you will suffer.

Seek Mental Health Counseling

Catastrophic injuries tend to affect a victim more than just physically. Seek therapy or counseling from a mental health care provider regarding the mental, emotional and psychological impacts of your injuries. 

This can document your emotional distress or pain and suffering for the record, making it easier for you to seek non-economic damages during your car insurance claim or personal injury lawsuit. Maintaining an injury journal where you write down a description of how you’re feeling day-to-day can also be an important tool for proving pain and suffering.

Collect Proof of Losses

Keep track of how much money your catastrophic car accident injury has cost you, along with documentation to prove these expenses. Document the financial consequences of the injury by saving all medical bills, receipts for services and products, lost earnings and future capacity to earn, paystubs and tax returns, proof of business losses, home or vehicle modifications, transportation, and any other out-of-pocket costs.

Hire Medical Expert Witnesses

Medical experts are individuals with a high level of knowledge or expertise in medical subjects, such as catastrophic injuries often suffered in automobile accidents and how they will impact the victim’s life and future. 

Medical experts can be hired to testify during a personal injury claim regarding a victim’s losses, such as diminished quality of life, loss of independence, medical costs, future medical needs, disability and lost wages from impacts to work ability. Hiring a medical expert through a personal injury attorney in Austin can allow you to clearly demonstrate your catastrophic injuries and related losses to a judge, jury or insurance provider.

Contact A Personal Injury Attorney in Austin

Suffering a catastrophic injury in a Texas car accident can leave you with various associated costs and immense losses. For assistance proving your catastrophic injury claim, contact FVF Law Firm – Injury & Wrongful Death Lawyers to begin with a free initial legal consultation with one of our knowledgeable car accident attorneys. We have over 100 years of combined legal experience. Call (512) 640-2146 for a cost-free case review.