You may be entitled to compensation if you were hurt because of someone else’s carelessness or wrongdoing. But simple mistakes could seriously harm your case or even make it impossible to get the full compensation you deserve. Mistakes are common among accident victims who have never before navigated a personal injury claim.
Here are some of the most common mistakes made by injury victims – and how you can avoid making them yourself:
1. Waiting too long to seek medical attention.
If you have been in an accident, you should see a doctor as soon as possible for a full examination, even if you don’t think you need emergency treatment. We often encounter accident victims who don’t initially think they are hurt, but serious injuries surface days later.
Adrenaline from an accident may mask the pain of serious injuries right after an accident. Some injuries (such as sprains and strains) may not even manifest for more than 24 hours. Many people think that the initial pain will wear off. More often, however, the pain gets worse as the days pass.
The problem with waiting isn’t only physical – prompt diagnosis and treatment can improve a patient’s prognosis – but also legal. For example, insurance adjusters may see your failure to seek prompt medical attention as a sign that you weren’t really injured or your injuries came from something else. They will attempt to use this delay as an argument to minimize your compensation.
2. Not getting legal advice as soon as possible.
Calling an attorney can save you money, the trouble of finding medical providers and the headaches of working directly with the insurance company. You may know your body better than anyone, but unless you are a personal injury attorney, the law isn’t your field of expertise. An accident lawyer can help you navigate the world of personal injury law in an effort to maximize your compensation and allow you to focus on healing.
3. Giving the insurance companies too much information.
Insurance adjusters work for the insurance company. Their job is to save the company as much money as possible. Even adjusters who are personable have the ultimate goal of either denying your claim or getting you to accept the lowest amount of compensation possible.
Everything from their interview questions to their requests for your medical records are in furtherance of this goal. Simple statements such as “I may have been driving over the speed limit” or “I didn’t see them” could be fuel for an adjuster to fight your claim.
You don’t have to answer their questions at all. If you’ve retained an attorney, they shouldn’t even be calling you.
4. Signing documents without seeking legal advice.
Insurance companies often take advantage of injury victims in the hours and days following an accident. They could have you sign a request for medical records, giving them access to all of your medical history or a “release of all claims” that would preclude you from getting compensation at all.
When presented with paperwork from an insurance company, it’s best to consult with a lawyer before signing away your rights.
5. Not following medical advice.
When you see a doctor for your injuries, following his or her treatment recommendations is important. If you disregard medical advice, the insurance adjusters may argue that you weren’t interested in getting better, or that your injuries weren’t “that bad” to begin with.
Tell your doctors about all of your aches, pains and other symptoms – and take their medical advice to heart.
6. Settling your claim too fast.
Insurance companies may try to settle a case as fast as possible and as cheaply as possible – if you allow it. The moment you indicate you are feeling better, they may take that as a sign to move forward. In many cases, however, injuries will evolve. What was thought to be a minor incident may wind up being much more serious. If you settle before you have a full understanding of the long-term costs of your injuries and the outlook for improvement, you could be left with thousands of dollars in medical bills.
It is easy to make costly mistakes after a serious accident. But with the help of a personal injury attorney, you can avoid these common pitfalls. In fact, the biggest mistake after a car accident is not getting help from a lawyer who is prepared to stand up for your rights.