Filing an incident report after a personal injury isn't just a procedural formality—it's a key step in protecting your right to pursue compensation. Whether the injury happened in a store, on someone's property, or in a workplace, properly documenting the event can make or break your claim. Yet many injured individuals overlook the importance of the report or fail to complete it accurately, which can create challenges later.

Here's a clear, step-by-step guide to filing an effective incident report for a personal injury claim—and why each step matters.

Why an Incident Report Matters

An incident report creates a written record of what happened, when it happened, and where. It can serve as one of the earliest forms of evidence if you decide to file a personal injury claim. Without one, it's your word against theirs—making it harder to prove that the injury occurred due to someone else's negligence.

A thorough report:

  • Preserves key facts while memories are still fresh
  • Identifies witnesses and involved parties
  • Helps establish a timeline
  • Demonstrates that the injury was reported promptly and taken seriously

Step 1: Report the Injury Immediately

The sooner you report the incident, the better. Delaying gives the appearance that the injury may not have been serious or that it wasn't caused by the event in question. Depending on where the injury occurred, report it to:

  • A supervisor or manager (workplace)
  • Store management or property owner (public or commercial location)
  • Law enforcement or a security officer (if applicable)

Always ask for an official form or procedure. Many businesses and workplaces have standardized processes in place for recording incidents.

Step 2: Fill Out the Report Accurately and Thoroughly

Once you have the form, take your time completing it. This is not the moment to rush or make assumptions. Stick to the facts and avoid exaggeration. Include:

  • Date and time of the incident
  • Exact location (e.g., "rear hallway near service elevator")
  • Detailed description of what happened, including how the injury occurred
  • Injuries sustained, even if they seem minor at first
  • Names and contact information of witnesses
  • Name of the person you reported the incident to

If you're physically unable to write the report due to your injuries, request help from a manager, coworker, or family member, and review the final version before it's submitted.

Step 3: Take Photos and Gather Supporting Evidence

A strong incident report often includes or references supporting materials. Use your phone to document:

  • The area where the injury occurred
  • Any hazards or conditions that contributed to the incident (wet floor, broken railing, etc.)
  • Your injuries, if visible

If the location has video surveillance, request that a copy of the footage be preserved. Surveillance videos are often deleted within a few days if not flagged for retention.

Step 4: Ask for a Copy of the Report

Always request a copy of the completed incident report. This ensures you have your own record of what was documented and prevents disputes over what was said or omitted later. In some cases, the business or property owner may refuse, especially if their legal team advises against sharing it. If that happens, document the refusal in writing and take detailed notes of what was included in the report when you reviewed it.

Step 5: Seek Medical Attention and Keep Records

Even if your injuries seem minor at first, always get checked out by a medical professional. Injuries like concussions or soft-tissue damage may not appear immediately. Your medical report becomes the next layer of documentation supporting your claim.

Important medical records to save:

  • Emergency room visits
  • Doctor's notes
  • X-rays or imaging results
  • Bills and treatment summaries
  • Follow-up care documentation

The timing of your treatment matters. Insurance adjusters and defense attorneys often question the seriousness of injuries that aren't treated promptly.

Step 6: Notify Your Insurance Company (If Applicable)

In certain scenarios, such as car accidents or incidents on your own property, you'll need to report the incident to your insurance company. Be honest and direct, but avoid making assumptions or assigning blame. Stick to the facts and avoid any statements that could be interpreted as admitting fault.

Step 7: Consult a Personal Injury Attorney

Filing an incident report is only the beginning of a potential injury claim. A personal injury attorney can help you understand your options, calculate your damages, and negotiate with insurers. They can also request further documentation, subpoena surveillance footage, and preserve evidence before it disappears.

Many attorneys offer free consultations and only charge fees if your case is successful. Involving legal counsel early can help avoid common pitfalls—such as inconsistent statements or missed deadlines—that weaken claims.

What If No Formal Report Was Filed?

If you didn't file an incident report at the time, you can still pursue a personal injury claim, but expect additional scrutiny. It's essential to document everything you can as soon as possible:

  • Write down your version of events
  • Contact any witnesses
  • Gather photographs or video evidence
  • Get medical treatment promptly

The absence of a formal report doesn't mean your claim is invalid—but it does require more effort to establish credibility.

Common Mistakes to Avoid

  • Waiting too long to report the injury
  • Leaving out details or witness names
  • Signing a report you didn't review carefully
  • Failing to get a copy of the report
  • Talking to the other party's insurance adjuster without legal advice

Each of these missteps can complicate your claim or reduce your chances of recovering fair compensation.

Conclusion

An incident report is a foundational step in the personal injury claims process. Done correctly, it establishes a credible record of what happened and protects your ability to seek compensation later. Whether the injury occurred in a store, on the job, or in a public place, taking immediate, accurate, and well-documented action can make a significant difference.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

Navigating Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.


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