Suffering an injury in an accident can be traumatic enough without having to deal with the legal complexities of a personal injury claim. While you deserve fair compensation, the truth is that insurance companies want to pay as little as possible. Without experienced legal help on your side, it’s easy to make mistakes that could negatively impact your case or settlement amount. Avoid these common errors when filing your personal injury claim in Texas:
Failing to Seek Medical Attention Immediately
One of the biggest mistakes people make after an accident is not getting prompt medical attention. Even if you don’t think you’re seriously injured, the shock and adrenaline can mask symptoms. Injuries like whiplash, concussions, and internal bleeding often don’t show up until hours or days later.
By not seeing a doctor right away, the at-fault insurer can argue you weren’t really injured or that it was due to another cause. Always get checked out after any accident, even a minor fender bender. Document your injuries with your physician. Failing to do so can ruin your ability to recover full damages.
Not Reporting the Accident Properly
You must report any accident resulting in injury or property damage over $1,000 to the police or Texas Department of Transportation. Get a copy of the accident report, as this documents important details like the time, date, location, road conditions, and which driver was cited. If the other motorist leaves the scene, be sure to file a report for a hit-and-run.
Not properly reporting the accident can allow the insurance company to dispute your version of events or even deny your claim outright. So, don’t just exchange insurance info and leave. Get a report.
Accepting an Early Settlement
After an accident, the insurer may offer you a quick settlement amount to close the case. It’s tempting to take the money and move on, but this is often a mistake. The initial offer is likely far less than your claim is truly worth.
Serious injuries like broken bones, torn ligaments, and traumatic brain injuries can have lifelong implications that may not be immediately obvious. Don’t accept an offer until you understand the full value of your claim. An experienced Houston personal injury lawyer can help you negotiate a full and fair settlement and you should not speak to an insurer without one.
Not Keeping Records
Documentation is key to proving your claim. Be sure to keep records of all accident-related expenses like medical bills, prescription costs, physical therapy, lost wages from missed work, property damage estimates, and anything else related to the incident.
Also, document your injuries with photos over time to show how they heal (or don’t). Detailed records help your lawyer verify all damages so you can maximize your settlement. Disorganized or incomplete records can undermine your claim.
Poor Communication with Your Lawyer
Your personal injury attorney is your advocate. In order for them to build the strongest case possible, you must communicate clearly and often. Answer questions honestly, even embarrassing ones about your medical history or preexisting conditions. Don’t downplay your injuries. Provide requested documents in a timely manner.
By failing to communicate important details, you may inadvertently harm your own claim. Trust your personal injury attorney Houston TX and give them the information needed to get you maximum compensation.
Negotiating without Legal Advice
Do not try to negotiate a settlement with the insurance company on your own. Adjusters use all sorts of tactics to get unrepresented victims to accept less than they deserve.
Your attorney is experienced in settlement negotiation and determining fair value. Having a lawyer sends the message that you are serious. In most cases, the insurer will offer more money faster when attorneys are involved. Don’t go it alone.
Failing to Follow Treatment Plans
Insurers look for any reason to deny or minimize claims. One red flag for them is if you don’t fully comply with medical treatment plans. Failing to attend recommended physical therapy or doctor visits makes it seem like you aren’t truly injured.
Follow all of your physician’s treatment instructions, even if you are starting to feel better. Completing therapy can improve your outcome while also demonstrating the legitimacy of your injuries. Don’t give the insurance company any way to dispute your claim.
Not Understanding Contingency Fee Agreements
Many personal injury attorneys work on a contingency basis, meaning they only get paid if you receive a settlement. This allows anyone to afford high-quality legal representation. However, some victims balk at giving up a percentage of their compensation.
View the contingency fee as your attorney’s pay for doing their job, not as money being taken away from you. Without their services, you would likely receive far less or nothing at all from the insurer. The fee incentivizes your lawyer to maximize your recovery.
Failing to Value General Damages
Economic damages like medical bills and lost income are easy to quantify. But general damages for pain and suffering can greatly increase your settlement. Things like physical pain, mental anguish, permanent disability, and loss of enjoyment of life have real value.
Keep a journal documenting your emotional and physical struggles after the accident. Be specific about activities you can no longer enjoy. This helps your attorney put a dollar figure on general damages resulting from the insurer’s negligence.
Waiting Too Long to Hire an Attorney
There are strict statutes of limitations on filing personal injury claims in Texas. For auto accidents, you normally have two years from the date of the incident to take legal action. Other types of injury claims have even shorter windows.
Don’t make the mistake of waiting months or years before consulting with an attorney. It takes time to build a strong case, conduct an investigation, and negotiate a settlement. By hiring a lawyer quickly, they can take action before deadlines pass.
Suffering an injury can be devastating enough without having to fight with insurance companies for fair compensation. Avoid these common mistakes and contact the experienced attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free case review. Call 800-4-THE-WIN (800-484-3946) to schedule your free consultation today. With us by your side, you can focus on recovery while we handle the legal process.
