The First 48 Hours After a Serious Injury
What to do, what to keep, and what to be careful about saying — whether or not you've decided to talk to a lawyer.
The first two days after a serious injury are often the most consequential for any later legal claim — not because of what happens in court, but because of what happens with evidence, witnesses, insurance adjusters, and the human body itself. Most of what matters can be done quickly, by someone who is not a lawyer, with no commitment to ever filing anything.
This is general information, not legal advice for your specific situation. But if you're reading this in the aftermath of an injury — yours or a family member's — here are the things worth knowing.
1. Get medical attention, even if you feel "okay."
Adrenaline masks pain. Soft-tissue injuries often don't present until the next day. Head injuries can be subtle. Get checked out. A contemporaneous medical record is also the single most important piece of evidence in any later injury claim — not because it proves your case, but because it dates your injury to the event in a way nothing else can.
2. Document the scene, while it's still fresh.
If you can do so safely, take photos. Lots of them. Wide shots and close-ups. The vehicles, the floor, the lighting, the weather, the signage, anything that looks like it might have contributed to what happened. Get the names and contact information of any witnesses. Most witnesses are willing to give a phone number in the moment, and almost impossible to track down two weeks later.
3. Preserve the physical evidence.
Don't repair your car yet. Don't throw out the shoes you were wearing in the slip-and-fall. Don't wash the clothing. The specific items vary by case, but the principle is the same: anything that was part of the event is potential evidence.
4. Be careful about what you say — and to whom.
Insurance adjusters often call within a day or two, sometimes within hours. They are professional, friendly, and almost always recording. You are under no obligation to give a recorded statement, to speculate about fault, or to characterize your injuries before you have a full picture of them. "I'm still being evaluated and I'll be in touch when I have more information" is a complete and appropriate answer.
The same caution applies to social media. Posts, photos, and check-ins are routinely pulled into discovery in personal injury cases. A celebratory hiking photo five days after the accident is not by itself dispositive of anything — but defense lawyers will use it, and explaining it is harder than not posting it.
5. Write down what happened, while you remember it.
Memory fades, and it fades quickly. Sit down within the first day or two and write out everything you can remember about what happened: where you were, who you were with, what you saw, what you heard, what you said, what was said to you. Date it. Save it. Don't share it. If you later retain a lawyer, that document will be one of the most useful things in the file.
6. Keep your receipts.
Every medical bill, every prescription, every co-pay, every mile driven to a doctor's appointment, every day of work missed. Damages in personal injury cases are largely a function of documentation. The plaintiff who tracks well is, almost as a rule, the plaintiff who recovers fully.
7. Talk to a lawyer — or don't — but at least have the conversation.
An initial consultation with a personal injury lawyer is almost always free, and creates no obligation. The lawyer's job in that first call is to tell you, honestly, whether you have something worth pursuing and what it would look like if you did. Even if you decide not to retain anyone, that conversation can save you from significant mistakes.
What you should not do is wait. California's statute of limitations for personal injury is generally two years from the date of injury, but the practical clock is much shorter — evidence disappears, witnesses move, and insurers take a much harder line as time passes.
Howard Bruno is a civil litigator in San Diego. The firm offers free initial consultations on personal injury matters and represents personal injury clients on contingency — meaning no fee unless there's a recovery.