Accidents happen in life. When they occur, people can get injured or lose their life. When another party is deemed responsible for the accident, the affected party can submit a personal injury claim for compensation.
However, many victims unknowingly make mistakes that weaken their case, delay compensation, or even prevent them from receiving a fair settlement. If you’re considering filing a personal injury claim, here’s some advice for handling it correctly. Otherwise, it may have a major effect on your case.
There are a few mistakes people usually make. Here’s what you should avoid to protect your claim and maximize your compensation.
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1. Neglect or Delay Getting Medical Treatment
A typical mistake personal injury sufferers make is neglecting or delaying getting medical treatment immediately after an accident. Any injury that could affect your life should be quickly treated so that you can recover from that injury as quickly and completely as possible.
Additionally, you need detailed medical records and documentation if you want to receive compensation for your injuries. An insurance company might challenge your claim if there’s no proof of injury, no medical evaluation, or delays in seeking treatment.
Even if you feel fine after the accident, some injuries—such as concussions, whiplash, and internal bleeding—may not show symptoms immediately. Seeking prompt medical attention protects both your health and your legal claim.
2. Not Calling the Police
Immediately after an accident, the first thing that comes to mind might not be to call the police. You might be in shock. Your adrenaline is most likely pumping, and you need to ensure everyone involved is unhurt and not in any imminent danger. However, failing to call law enforcement can be a critical mistake.
It doesn’t matter if your property damage looks small. You should always get a police report, as it is official documentation pertaining to the accident. When there isn’t a police report on file, stories could change afterward.
For example, while at the scene, the at-fault party could have confessed fault to you and appeared sorry. But if a police report isn’t filed and the at-fault party recounts a different story to their insurance company, your claim may be denied, leaving you without compensation.
Moreover, if you’re later unfairly found to be partially or fully responsible for the accident, your insurance company could increase your premiums, costing you thousands of dollars over time. You can eliminate all these issues by contacting the police and ensuring they file an official accident report.
3. Providing a Statement Too Soon
Giving a statement to the police after an accident is typical. However, you want to be extremely cautious about who you speak to after an accident, particularly if someone requests a recorded statement from you.
Insurance companies and their lawyers might try to get you to say something that weakens your claim, admits fault, or undervalues your injuries. They may also twist your words, take them out of context, or use confusing legal jargon to get you to agree to an unfavorable settlement.
It is typically a good idea to refer all inquiries about your accident and injury to your Denver personal injury attorney. If you must give a statement, do so with your lawyer present to protect your rights and ensure that your statement is accurate and not used against you.
4. Taking Legal Advice from Loved Ones and Friends
Everyone, including loved ones and friends, usually has an opinion about your personal injury claim. However, what worked for someone else’s case may not apply to yours.
If you have questions, always ask your personal injury attorney—not unqualified individuals. It’s advised not to talk about your accident or claim with others, as well-meaning but inaccurate advice can hurt your case.
Comparing the value of your claim with others is also a common mistake. Each case is unique, with different factors influencing compensation, including medical expenses, lost wages, and pain and suffering. Since you hired an attorney to act on your behalf, trust them to provide accurate legal advice and a proper claim valuation.
5. Undervaluing the Effect of Your Injuries
Individuals who have been in an accident often make the mistake of downplaying their injuries or symptoms when speaking to their attorney or insurance adjusters.
Being upfront and truthful about how the injuries have affected your life is vital. This includes physical pain and emotional distress, mental health struggles, and lower quality of life.
For example, if your injury prevents you from working, completing daily tasks, or engaging in hobbies you once enjoyed, these factors should be included in your compensation demand. Failing to properly document the full impact of your injuries could result in a much lower settlement.
6. Not Hiring an Attorney Right After the Accident
Handling a personal injury claim can be daunting, especially when you’re also hurt or dealing with emotional pain due to a wrongful death. Working with an attorney can ease the burden of having to deal with your accident on your own.
Besides the stress, hiring an attorney can help protect you from insurance companies that might not have your best interest at heart. Their attorneys will want you to settle the case for as little as possible or stop you from getting any compensation. Having a Denver personal injury lawyer by your side who knows the real value of your claim and will fight for you, can make sure you get justly compensated. A lawyer will also know how to prove liability. They’ll name the at-fault party, collect evidence, and conduct a meticulous investigation on your behalf.
A Denver personal injury attorney can ensure that all crucial evidence is collected and assessed, negotiating with insurance companies and lawyers representing those at fault for your injuries. This legal professional can also create a solid foundation upon which to build a winning lawsuit if those responsible decline to pay. Without a solid foundation, a claim for rightly deserved funding could weaken or fail.
- If hired right after an accident, a personal injury attorney can set up an inspection (performed by an expert) of the vehicles involved in the collision before any evidence in and around the vehicles is compromised.
- An attorney can get an expert to check for any defects in or near the roadway that could have played a part in your car accident.
- An attorney can hire a specialist to examine your medical condition while the evidence is fresh and uncorrupted by any subsequent misfortunes that you might experience.
- An attorney can employ an expert to estimate your possible lost earnings if your injuries ruin your capacity to work in the future.
An attorney who has collected all the vital evidence can negotiate with insurance adjusters and build a winnable claim.
7. Posting Information on Social Media
A vast number of individuals use social media, so it’s no wonder that you might want to post there. However, sharing details about your accident, injuries, or claim online can severely hurt your case.
Insurance companies actively monitor social media profiles looking for posts they can use against you. For example:
- Posting photos of yourself engaging in physical activities will most likely be used to argue that your injuries aren’t serious.
- Making statements about the accident may be twisted to imply you were at fault.
- Friends or family discussing your case online can inadvertently provide the defense with useful evidence against you.
Avoid discussing your case on social media and ask friends/family to do the same until your case is resolved.
8. Not Gathering Enough Evidence at the Accident Scene
Another common mistake is not gathering available information or finding sources who could offer additional details.
If your injuries were the result of a car accident, try to gather as much evidence at the scene as possible. Use your phone to take pictures of all vehicles involved from all angles and the surroundings, making sure to include:
- Dents and scrapes
- License plate numbers
- Any other physical damage
- Roads, highways, or streets
- Skid marks
- Signs and posts
- Structures
- Ditches, potholes, or uneven pavement
The at-fault driver’s personal information, including driver’s license number and insurance information, is crucial, as is the collision location. If the police are called, they will have that information in their report. If possible, get the names, addresses, and phone numbers of any witnesses.
If you see a physician, be sure to document the doctor’s name, address, and phone number. If you go to the ER, recording the name and location of the facility (which will have documentation of your visit) is critical. Your car accident lawyer can contact the at-fault driver and any witnesses, gathering pertinent documentation and reports from law enforcement, medical facilities, and physicians.
9. Speaking and Signing Everything You See
Besides exchanging information with the other motorist and giving your license and insurance information to police officers, don’t speak to anyone but your lawyer about your personal injury case. Even if you feel that you might be partially responsible for the accident, don’t acknowledge any amount of fault to anyone at the collision scene or afterward. Your personal injury lawyer can share that information at the right time, if necessary.
10. Accepting the First Settlement Offered
Insurance companies are usually eager to settle personal injury cases swiftly and keep them moving. They also have a vested financial interest in giving out the littlest payment amount possible on a claim. The amount might seem fair when you are dealing with lost wages and increasing medical bills because of your accident and injuries. However, accepting it typically leaves you incapable of satisfying future care costs or compensating for decreased earnings.
Taking an initial settlement offer from the insurance company is commonly ill-advised. Sometimes, there are exceptions to this, and the first offer may be the best one you will get. Partnering with a personal injury attorney is a good way to assess any offers and decide based on available information.
Avoid These Personal Injury Case Mistakes
When you hire a knowledgeable attorney with The Paul Wilkinson Law Firm, you get years of experience litigating personal injury and accident cases on your side. We’ll help you avoid the usual common mistakes individuals make while managing their injury cases. Schedule a free consultation today.
