If you’re reading this, chances are you are past the initial chaos of your car accident, but a new kind of uncertainty has set in. You’re likely in pain, worried about your car, your health, and your finances. You might be wondering, “Now what?”
It’s completely normal to feel lost. The most important thing to know is that your journey to recovery—both physical and financial—is just beginning, and the steps you take now are critically necessary for protecting your health and your right to fair compensation. Speaking with a trusted car accident attorney in Arlington, TX, can help you understand your legal options and ensure your rights are fully protected during this difficult time.
The Scene of the Accident: A Quick Review (and Why It’s Okay if You Missed a Step)
In a perfect world, a specific checklist of actions is followed immediately after a crash. You may have seen lists like this before:
- Move to a safe location if possible.
- Call 911 to report the accident and request medical assistance.
- Exchange information with the other driver(s).
- Take photos and videos of the scene, vehicle damage, and any visible injuries.
- Speak to any witnesses and get their contact information.
- Avoid admitting fault or saying “I’m sorry.”
If you were able to do some or all of these things, that’s excellent. That information will be valuable. But what if you were seriously injured and rushed to the hospital? What if you were in shock and couldn’t think clearly enough to take photos?
This is absolutely understandable. Your health and safety are, and always were, the number one priority. Being transported by ambulance from the scene of a crash on I-30 doesn’t mean your ability to seek justice is gone. Failing to get a witness’s phone number because you were disoriented does not end your claim. The most critical steps are the ones you take starting today.
Prioritizing Your Health: The Most Critical Step You Can Take Today
Nothing is more important than your physical and emotional well-being. Even if you walked away from the accident feeling “fine” or just a little sore, you must seek a comprehensive medical evaluation immediately.
Why Seeking Prompt Medical Attention is Non-Negotiable
After the shock of a collision, your body is flooded with adrenaline, a hormone that can mask pain and injury symptoms for hours or even days. You might feel okay, only to wake up the next morning with debilitating neck pain, a severe headache, or numbness in your limbs.
Common delayed-onset injuries after a car accident include:
- Whiplash: A neck injury caused by the forceful back-and-forth motion of the head. Symptoms can include neck pain and stiffness, headaches, dizziness, and fatigue.
- Concussions and Traumatic Brain Injuries (TBIs): Even a seemingly minor impact can cause your brain to strike the inside of your skull. Watch for symptoms like headaches, confusion, memory problems, nausea, and sensitivity to light.
- Internal Bleeding: This is a life-threatening condition that may have no immediate outward signs.
- Spinal Cord Injuries: Herniated discs or other spinal damage may not present with intense pain right away, but can lead to chronic issues if left untreated.
- Psychological Trauma: It’s not just about physical injuries. Post-traumatic stress disorder (PTSD), anxiety, and depression are very real consequences of a traumatic crash.
From a legal standpoint, seeking immediate medical care creates a clear and undeniable record. It establishes a direct link between the accident and the injuries you sustained. Insurance companies will look for any reason to deny or devalue your claim.
A significant gap in time between the accident and your first doctor’s visit gives them an opening to argue that your injuries were caused by something else or that they aren’t as severe as you claim. Don’t give them that ammunition.
Follow Your Doctor’s Orders Meticulously
Your medical journey doesn’t end with one visit to the emergency room or an urgent care clinic. Your doctor will likely recommend a treatment plan, which could include:
- Follow-up appointments with specialists (e.g., an orthopedist or neurologist).
- Physical therapy or chiropractic care.
- Prescription medications.
- Diagnostic imaging like X-rays, CT scans, or MRIs.
- Rest and time off from work.
It is essential that you follow this plan to the letter. Attend every single appointment. Fill every prescription. Complete your full course of physical therapy. Doing so not only gives you the best chance at a full physical recovery but also demonstrates to the insurance company the seriousness of your injuries and your commitment to getting better. Every missed appointment is another opening for them to argue that you weren’t truly hurt.
Becoming Your Own Best Advocate: The Power of Documentation
While you focus on healing, it’s also time to start gathering and organizing every piece of information related to the accident. Think of yourself as a detective building a case. The more evidence you have, the stronger your position will be.
Gather Official Documents
- Texas Peace Officer’s Crash Report (Form CR-3): This is the official police report from your accident. It contains vital information, including the date, time, and location of the crash; the parties involved; insurance details; a diagram of the accident; and the officer’s initial assessment of fault. You can typically order a copy online from the Texas Department of Transportation a week or two after the accident.
- Medical Records and Bills: Start a file and keep everything. This includes hospital discharge papers, summaries from every doctor’s visit, physical therapy notes, and bills for every service, from the ambulance ride to prescription co-pays.
Create a Pain and Symptom Journal
This may be the single most important piece of evidence you create. Insurance companies are quick to dismiss the human element of an injury. A journal makes it impossible to ignore. Every day, take a few minutes to write down:
- Your Pain Levels: On a scale of 1-10, how is your neck, back, or head? Is the pain sharp, dull, or radiating?
- Your Emotional State: Are you feeling anxious, depressed, irritable, or fearful of driving?
- Daily Life Impacts: Document how your injuries are affecting you. Can you no longer lift your child? Is it painful to sit at your desk for work? Did you have to miss a family event? Are you unable to sleep through the night?
- Medication Effects: Note any side effects from your prescriptions, such as drowsiness or nausea.
This detailed, contemporaneous record is powerful proof of your “pain and suffering” and “mental anguish”—real damages you are entitled to be compensated for under Texas law.
Track Every Single Expense
Your claim is not just about the big medical bills. It’s about every single dollar you have lost or spent because of someone else’s negligence. Create a spreadsheet or a dedicated notebook and track everything:
- Medical Costs: Co-pays, deductibles, prescription costs, medical equipment (like a neck brace or crutches).
- Lost Wages or Income: Keep track of every hour and day of work you miss. Get a letter from your employer documenting your pay rate and the time you were unable to work. If you used paid time off (PTO) or sick leave, that is still a loss that should be compensated.
- Out-of-Pocket Expenses: This includes mileage to and from your doctor or physical therapy appointments, parking fees at the hospital, and the cost of hiring someone for household chores or childcare that you can no longer perform due to your injuries.
Use Caution when Dealing with Insurance Companies
Shortly after the accident, you will almost certainly receive a call from the at-fault driver’s insurance adjuster. It is crucial to understand their role and their motivations.
The insurance adjuster is not your friend. They may sound friendly, sympathetic, and helpful, but their job is to protect their company’s bottom line. Their goal is to pay you as little as possible—or nothing at all.
Be Careful What You Say
The adjuster will likely ask you to provide a recorded statement about the accident and your injuries. You are not legally obligated to do this, and you should politely decline until you have sought legal advice. Adjusters are trained to ask leading questions designed to get you to say something they can use against you later.
- If they ask, “How are you feeling?” and you instinctively say, “I’m fine, thanks,” they will note that you “admitted to being fine.”
- If you say, “I think the other driver came out of nowhere,” they may twist that to imply you weren’t paying attention.
- If you speculate about what happened or apologize for anything, it will be used to assign partial fault to you.
Simply state that you are not prepared to give a statement at this time and that you are still receiving medical treatment for your injuries.
Do Not Sign Anything or Accept a Quick Offer
The insurance company may make a quick, lowball settlement offer within weeks of the crash. They know you’re in a vulnerable position, facing medical bills and lost income. They hope you’ll take the fast cash.
This is a trap. That initial offer will not account for your future medical needs, the full extent of your lost wages, or the true value of your pain and suffering. If you accept it, you will also be required to sign a release form, which permanently waives your right to seek any further compensation for this accident, even if your injuries turn out to be much more severe than you initially thought.
Understanding Your Potential Compensation in Texas
Under Texas law, if you were injured by a negligent driver, you have the right to seek compensation for your losses. This compensation, known as “damages,” is divided into two main categories.
Economic Damages (Your Measurable Financial Losses)
These are the tangible costs and losses that can be documented with bills, receipts, and pay stubs. They include:
- Past and Future Medical Expenses: All costs for treatment you’ve already received and all projected costs for future surgeries, therapies, and long-term care.
- Past and Future Lost Wages: Compensation for the income you’ve already lost and for the impact the injury will have on your ability to earn a living in the future (loss of earning capacity).
- Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
Non-Economic Damages (The Human Cost of the Injury)
These damages are harder to quantify but are just as real and just as important. They compensate you for the ways the injury has impacted your quality of life:
- Pain and Suffering: For the physical pain and discomfort you have endured.
- Mental Anguish: For the emotional and psychological trauma, including fear, anxiety, depression, and PTSD.
- Physical Impairment: For the loss of your ability to engage in activities you once enjoyed, from hobbies to daily household tasks.
- Disfigurement: For scarring or other permanent changes to your appearance.
Texas follows a “proportionate responsibility” rule. This means you can still recover damages as long as you are found to be 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault. This is another reason insurance companies work so hard to shift even a small amount of blame onto you.
Trusted Car Accident Lawyers Are Here for You
Reading all of this can feel overwhelming, especially when you’re already trying to cope with a serious injury. Trying to heal, document expenses, track symptoms, and fend off insurance adjusters is more than a full-time job—it’s an immense burden that no one should have to carry by themselves. This is where having a dedicated advocate on your side can make all the difference.
At Branch & Dhillon, personal injury attorneys in Arlington, TX, we understand the devastating physical, emotional, and financial toll a car accident takes on victims and their families in Arlington and across Tarrant County. Our approach is built on two core principles: compassionate, client-centered service and aggressive, relentless representation. We believe you deserve a legal team that not only understands what you’re going through but has the experience and determination to fight for what you’re owed.
If you have been injured in a car accident in Arlington, Fort Worth, or anywhere in the DFW metroplex, you do not have to face this challenge by yourself. You have rights, and you have options. We invite you to reach out to our team at Branch & Dhillon today at (817) 533-3430 or through our online form for a free, no-obligation consultation to discuss your case. We will listen to your story, answer your questions, and explain how we can help. And remember our promise: You don’t pay us anything until we get money for you.