It’s easy for personal injury victims to make mistakes that could negatively impact their ability to recover the compensation they deserve. Yet there are around 39 million injury cases each year in the US, so that’s a lot of potential mistakes being made. Being aware of the most common errors and pitfalls can help personal injury victims avoid them.
Here’s what not to do if get hurt in an accident.
Not Seeking Medical Attention Immediately
What common mistakes do personal injury victims make immediately after an accident? One of the biggest mistakes injury victims make is failing to get prompt medical treatment. Seeing a doctor right away serves several important purposes:
- It creates a record of the injury and establishes a timeline. This documentation from the date of the incident could be critical evidence.
- It allows the doctor to fully assess the injury when it is fresh. Some problems may not be obvious immediately and a delay could let the window for proper diagnosis pass.
- Quick treatment mitigates the damage and promotes proper healing. Waiting to get help could cause the injury to worsen.
Insurance providers look for gaps in treatment and delays in seeking care. Big gaps may make the insurer doubt the validity or seriousness of the injury.
Not Documenting the Accident Thoroughly
Another common error is not thoroughly documenting the accident and injury aftermath. Plaintiffs need solid evidence to prove liability and damages. Failing to collect and preserve documentation weakens a victim’s ability to get a full settlement.
Important documentation includes:
- Photos and video of the accident scene, vehicles, property damage, and injuries
- Police report with witnesses’ statements
- Medical records, bills, and prescriptions
- Receipts for costs like medical care, property repairs, accommodations due to disability
- Records of lost income and diminished earning capacity
- Journal with detailed notes about the incident, symptoms, and daily impact of the injury
Plaintiffs should gather as much evidence as possible immediately while memories and physical evidence are fresh.
Waiting Too Long to Hire a Lawyer
Victims often try handling claims on their own initially. This is usually a mistake. An experienced personal injury lawyer Los Angeles has resources and skills that significantly improve case outcomes. Hiring legal counsel quickly:
- Starts the process of gathering evidence, interviewing witnesses, and investigating liability
- Ensures compliance with legal procedures and deadlines
- Initiates negotiations with insurers and initiates litigation if needed
The other side also takes claims more seriously when a competent lawyer is representing the victim. This makes them more likely to offer a fair settlement early.
Not Following Doctor’s Medical Advice
Insurers watch a victim’s medical care closely. Any sign that the plaintiff is not fully complying with medical advice could damage the claim. Skipping appointments, missing prescription refills, or failing to complete physical therapy are some examples.
Insurers argue that a plaintiff who is not diligently following treatment plans must not be terribly injured. Jurors find this logic compelling. Strict adherence to medical advice is essential.
Being Too Generous with Recorded Statements
Insurance adjusters often request recorded statements from victims early in the process, which is why you must always contact a personal injury accident attorney first. Anything you say can be used against you later.
Statements are usually not required. Politely refusing or deferring requests until you consult with counsel is wise. This avoids mistakes made under stress that come back to haunt victims later.
Failing to Track Expenses
Plaintiffs must prove and meticulously document all accident-related expenses. This includes medical bills, prescriptions, medical devices, modifications for disability access, help with daily tasks, damaged property, lost income, and more. Every dollar spent adds to the claim’s value.
Disorganized victims who do not keep detailed written records and receipts always underestimate losses. This leaves money on the table at settlement time.
Being Too Trusting in Settlement Negotiations
Once the other side makes a settlement offer, injury victims often let their guard down. They wrongly assume the first reasonable offer means the company recognizes their claim’s validity. Victims get overly optimistic and cooperative, agreeing to things not in their best interest.
Maintaining skepticism, consulting their personal injury lawyer, and continuing negotiations normally produces a significantly higher final settlement. The first offer is rarely the best offer.
Making even small mistakes can ruin an otherwise strong injury claim. Avoiding common errors substantially improves victims’ chances of maximum compensation. A Los Angeles car accident lawyer is invaluable for steering clear of missteps at every stage. Their guidance helps victims focus on recovery, while building the strongest case possible.
Additional Common Mistakes to Avoid
Here are some other common mistakes personal injury victims should take care to avoid:
- Posting details about the incident on social media – This provides ammunition for opposing counsel to potentially weaken or discredit the claim. Refrain from discussing the case online.
- Failing to be honest and forthcoming with your attorney – Your lawyer needs to know all the facts, even unflattering ones, to build the strongest case and avoid surprises. Complete honesty is essential.
- Downplaying injuries and limitations – Don’t minimize your symptoms and difficulties to try to be less of a bother. Be accurate about your struggles so recovery needs are clear.
- Agreeing to authorizations to release medical records without consulting your attorney first – Consult counsel before signing releases so they can ensure proper protections are in place.
- Settling without understanding long-term prognosis – Don’t settle until doctors can provide a solid estimate of treatment timeframe, risks of complications, and likelihood of permanent limitations.
- Failing to follow up on recommended treatment – Even after a settlement, continue following medical advice to protect your health and avoid claims you misrepresented injury extent.
Avoiding seemingly small mistakes makes a tremendous difference in injury claim outcomes. Accident injury lawyers CA like Karns & Karns Personal Injury and Accident Attorneys have the expertise to guide victims in steering clear of missteps and acting in their best interests at every phase. Their counsel is an invaluable asset.
Call Karns & Karns Personal Injury and Accident Attorneys on 800-4THE-WIN (800-484-3946). We’re here to help you win your case!
