INDIANAPOLIS — After securing a verdict for a client who suffered a traumatic brain injury, attorney Kent Winingham is sharing advice on what accident victims should know before speaking with insurance companies.

Kent, lead partner at Wilson Kehoe Winingham Injury Lawyers, said the first hours after an accident are critical.

“The most important thing is to get medical treatment immediately, even if you feel fine,” Kent said. “Injuries don’t always show up right away, and insurance companies will use any delay against you.”

Act fast and document everything

Winingham recommends taking several steps after an accident to protect one’s health and preserve important information.

• Seek medical attention: Get checked by a medical professional, even if you feel fine.
• Document the scene: Take photos of injuries, vehicles and property damage.
• Collect witness information: Record names, phone numbers and accounts of what witnesses saw.
• File a report: Contact law enforcement after a vehicle accident when appropriate.
• Keep records: Save medical records, bills and pay stubs documenting missed work.
• Review documents carefully: Understand what you are agreeing to before signing paperwork from an insurance company.

Watch for delayed symptoms

Pain, headaches and other symptoms may not appear until days after an accident. Kent said delayed symptoms are common, particularly with back injuries and concussions.

“We see this all the time, especially with back injuries and concussions,” Kent said. “Don’t ignore new symptoms. See a doctor and make sure it’s documented.”

He recommends seeking medical attention when new symptoms develop and keeping records of medical evaluations and treatment.

Be cautious when dealing with insurance companies

Kent cautioned accident victims about providing statements or accepting settlement offers before understanding the extent of their injuries.

“Their job is to pay you as little as possible, not to help you,” he said. “They’ll try to get a recorded statement or a quick settlement before you know how badly you’re hurt.”

He recommends consulting an attorney before providing a recorded statement to the other driver’s insurance company or accepting a settlement offer.

What accident victims should avoid

Kent advises accident victims to avoid giving recorded statements to the other driver’s insurance company without understanding the potential implications. He also recommends carefully reviewing settlement offers, avoiding social media posts about the accident, seeking medical treatment promptly and keeping track of legal deadlines.

Know the deadline for filing a lawsuit

In many Indiana personal injury cases, the statute of limitations is two years from the date the cause of action accrues. Exceptions may apply depending on the circumstances.

Missing the applicable deadline can prevent an injured person from pursuing compensation through a lawsuit.

“Two years sounds like a long time, but building a case takes months,” Kent said. “The sooner you talk to a lawyer, the better we can protect your rights.”

Consider consulting an attorney

Kent said accident victims may be able to consult a personal injury attorney without paying upfront, depending on the firm’s fee arrangements.

“We don’t get paid unless you get paid,” he said. “There’s no risk in getting a second opinion before you settle.”

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Without an attorney-client relationship with Wilson Kehoe Winingham, none of the statements provided by and through this segment should be construed as providing legal advice