Accidents can happen in a split second,but the physical, emotional, and financial aftermath can last months or even years.
If you’ve been injured due to someone else’s negligence, you may be wondering what to do next, who to call, and how to protect your rights.
This guide walks you through the essential steps to take after an injury, explains how personal injury claims work, and answers common questions people have in the days and weeks after an accident in Oregon or Washington.
What Is a Personal Injury Case?
A personal injury case arises when you are harmed by someone else’s actions, either because they were careless (negligence) or intentionally caused harm. Common types of personal injury cases include:
Car accidents
Slip and fall injuries
Bicycle or pedestrian accidents
Truck or motorcycle crashes
Dog bites
Workplace injuries (third-party claims)
Medical malpractice
If your injury was caused by another party, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more.
What to Do Immediately After an Accident
Your actions in the minutes and hours after an injury can significantly impact your personal injury claim. Here's what to do:
1. Prioritize Safety and Medical Help
Call 911 if you're seriously injured or believe someone else needs emergency care. Even if you feel "fine," it’s essential to see a doctor. Many injuries like concussions or whiplash, don’t show symptoms right away.
2. Document the Scene
If you're able, take photos of the accident scene, visible injuries, property damage, and any hazardous conditions. Write down what happened while it’s fresh in your mind.
3. Get Witness Information
Ask for the names and contact info of any witnesses. Their statements may support your version of events if fault is disputed.
4. Avoid Admitting Fault
Even a simple "I'm sorry" can be used against you. Stick to the facts when speaking with others, especially insurance adjusters.
Do I Need a Personal Injury Lawyer?
If your injuries are minor and liability is clear, you may be able to handle a claim on your own. But in most cases, having a personal injury attorney significantly improves your chances of getting fair compensation, especially when:
You suffered serious or long-term injuries
The other party is denying fault
The insurance company is offering a low settlement
You’re unsure what your case is worth
A personal injury lawyer can handle the legal complexities, investigate your case, deal with the insurance companies, and fight for the maximum compensation you deserve.
What Compensation Can I Receive?
Personal injury damages are typically categorized into two types:
Economic Damages
Medical bills (past and future)
Lost income
Property damage
Rehabilitation or therapy costs
Non-Economic Damages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement or permanent disability
In rare cases, punitive damages may be awarded to punish especially reckless behavior (e.g., drunk driving accidents).
How Long Do I Have to File a Claim?
Each state sets a time limit called the statute of limitations for filing a personal injury lawsuit:
Oregon: You generally have 2 years from the date of injury.
Washington: You typically have 3 years from the date of injury.
It’s critical to act early. Waiting too long can mean losing your right to recover damages altogether.
What If the Insurance Company Calls Me?
Insurance adjusters may contact you soon after an accident. Their job is to limit what the company pays, not to help you. Here’s how to handle the conversation:
Be polite, but brief.
Don’t admit fault or speculate.
Decline to give a recorded statement.
Never accept a quick settlement offer without talking to a lawyer.
A lowball offer may not cover future medical needs or lost earning potential. Let your attorney handle communication with insurers.
The Personal Injury Claim Process
Here’s a simplified breakdown of how a personal injury claim typically works:
1. Consultation
Consult with a lawyer. They’ll review the details and help you understand if you have a strong case.
2. Investigation
Your lawyer will collect evidence, police reports, medical records, photos, witness statements, and expert testimony to support your claim.
3. Demand and Negotiation
A demand letter is sent to the insurance company, outlining your damages and the compensation you seek. Negotiations follow.
4. Settlement or Lawsuit
Most personal injury cases are settled out of court. If a fair agreement can't be reached, your attorney may file a lawsuit and take the case to trial.
5. Resolution
Once a settlement is reached or a verdict is awarded, you’ll receive compensation. Your lawyer will typically be paid from this amount under a contingency fee arrangement, meaning they only get paid if you win.
Common Questions After a Personal Injury
Will I Have to Go to Court?
Most cases settle without going to trial. Your lawyer will aim to negotiate the best possible outcome, but will be ready to litigate if necessary.
What If I Was Partly at Fault?
Both Oregon and Washington follow comparative fault rules. You may still recover compensation even if you were partially to blame, as long as your fault was less than 51%. However, your compensation will be reduced by your percentage of fault.
Can I Afford a Lawyer?
Most personal injury attorneys work on a contingency fee basis which can mean you pay nothing up front or you agree to pay an initial consultation fee and legal fees come from the settlement or verdict amount.
Local Help for Personal Injury in Oregon and Washington
If you’re injured and overwhelmed, you don’t have to go through this alone. At McKean Smith, we’ve helped countless individuals in Oregon and Washington get the compensation they need to heal and move forward.
We understand how difficult the aftermath of an accident can be and we’re here to provide compassionate, effective legal support when you need it most.
Final Thoughts
After a personal injury, the steps you take matter. From getting medical care to protecting your legal rights, knowledge is your best ally. Don't let insurance companies pressure you into settling for less than you deserve.
If you're ready to explore your options or need guidance after an accident, speak with a qualified personal injury lawyer who understands the laws in your state and who will advocate fiercely on your behalf.
