Being injured in an accident can leave you confused about what to do next. You may be focused on recovering physically and emotionally. However, it’s important to avoid common legal mistakes that could negatively impact your ability to receive fair compensation. Not handling the aftermath properly could jeopardize your claim or lead to accepting an inadequate settlement. Educating yourself on missteps to avoid will help you make smart decisions after an accident resulting in personal injury. Here are some tips on mistakes to steer clear of if you want to protect your rights and secure the maximum compensation you deserve.
Failing to Seek Medical Attention
One of the biggest mistakes people make is not getting prompt medical attention after an accident. Even if you don’t think you suffered any major injuries, it’s crucial to get examined by a doctor as soon as possible. Adrenaline and shock can mask serious injuries like concussions, internal bleeding, and spinal damage.
Seeing a doctor quickly establishes a record of your injuries and any necessary treatment. This medical paperwork can help prove that your injuries were directly caused by the accident. A good Anaheim car accident attorney will always advise clients to get checked out after an accident, even for minor collisions.
Not Reporting the Accident
Another common error is neglecting to report the accident to the proper authorities. At a minimum, you should file a traffic collision report with the police department. This creates an official record of the incident with details like the date, time, location, vehicles involved, and witnesses.
If the accident occurred on private property, like a store parking lot, make sure to notify the property owner or manager immediately. Reporting the accident is crucial for insurance claims and potential lawsuits.
Failing to Document Evidence
It’s vital to gather as much evidence as possible after an accident. Take photos of the damage to all vehicles, injuries/scrapes to your body, and the accident scene. Write down the details while they are fresh in your mind like the weather and road conditions, speed, points of impact, and witness accounts.
Also, save medical paperwork, auto repair estimates, billing statements, prescription receipts, and any communications from insurance companies. Thorough evidence helps prove liability and damages.
Not Contacting an Attorney
Hiring an experienced personal injury attorney is highly recommended after an accident. An attorney can deal with insurance companies on your behalf, determine fault and liability, file claims and lawsuits, and negotiate fair compensation.
Trying to handle legal proceedings alone can put you at risk of agreeing to an unfavorable early settlement and losing out on rightful damages. The at-fault party’s insurer will try to pay as little as possible. An attorney levels the playing field.
Providing an Official Statement Too Soon
Insurance adjusters may try to get a recorded statement from you soon after the accident. It’s generally best to consult a lawyer first before providing any official statements. Statements to the at-fault driver’s insurer could weaken your claim if they are rushed while you are still recovering from injuries.
A statement can be used against you to try to shift the blame away from the at-fault driver. Wait until an attorney can review the facts and counsel you first.
Accepting an Early Settlement Offer
Insurance companies may offer a quick settlement to close the case soon after the accident. It’s usually best not to accept the initial offer which is likely much lower than the value of your claim. Serious injuries sometimes take weeks or months to fully manifest.
An experienced car accident lawyer Anaheim can negotiate a full and fair settlement amount based on documented evidence of liability, damages, medical costs, lost income, pain and suffering, and long-term prognosis. Don’t be pressured into accepting a lowball early offer.
Delaying Necessary Medical Treatment
It’s important to follow all recommendations from your treating doctors, even if you feel fine initially after the accident. Delaying diagnostics, therapy, or procedures recommended by physicians could negatively impact your recovery.
Insurers can use gaps in treatment against you, alleging that your injuries were not serious or linking health issues to other causes. Follow all doctor’s orders promptly.
Failure to Notify Your Own Insurance Provider
Don’t forget to notify your own auto and health insurers about the accident. Most policies require prompt notification of any incidents that may lead to claims. Your insurance company needs to know about potential claims against your policy.
Also, submit claims with your insurers for damages not covered by the at-fault driver, such as medical bills exceeding their policy limits. Your insurer can potentially take legal action to recover expenses paid on your behalf.
Losing Track of Deadlines
There are strict deadlines for taking legal action after an accident. In California, you normally have two years from the date of injury to file a lawsuit for damages. Other deadlines apply for insurance claims and notices required to preserve your right to sue public entities.
An experienced attorney will protect your rights by handling these deadlines and navigating complex claims processes. Trying to handle this yourself can inadvertently lead to missed deadlines.
Posting About the Accident on Social Media
It’s wise to avoid posting details, photos, or commentary about the accident on social media. The insurance company will monitor profiles for any evidence they can use against you. Complaints about injuries that sound exaggerated or photos of you out partying can damage your claim.
Even sympathetic posts about the accident could be misconstrued. Refrain from posting about the incident until the case is fully resolved. Your attorney can advise if certain posts would help or hurt the case.
Get Legal Help from a Personal Injury Law Firm
Suffering any kind of injury in an auto, motorcycle, truck, bicycle, pedestrian, or other type of accident can disrupt your life. An experienced personal injury attorney can help you recover fair compensation while you focus on healing. At Karns & Karns Personal Injury and Accident Attorneys, we have a proven track record of success in accident cases.
If you or a loved one has been injured in an accident in California, don’t delay in seeking legal representation. Contact our office anytime at 1-800-484-3946 (1-800-4THE-WIN) to schedule a free case evaluation. We have recovered hundreds of millions of dollars for injury victims throughout the state. With an elite team of trial lawyers on your side, you can have confidence that your rights will be protected and just compensation secured. Don’t try to take on insurance companies alone – let our firm fight for the maximum settlement you deserve.
