If you were hurt because of someone else’s carelessness, bringing a personal injury claim may be crucial to recover money for your medical expenses, lost income, and pain and suffering. However, the path to a fair settlement is fraught with potential pitfalls. Making a seemingly minor mistake in the immediate aftermath of an accident or during the claims process can severely undermine your case.
Here is a detailed look at some of the most common and costly mistakes that can hurt your personal injury claim, and how to avoid them.
1. Delaying or Ignoring Medical Attention
The Mistake: Not seeking medical treatment immediately after an accident, or failing to follow your doctor’s prescribed treatment plan consistently. Many people, driven by adrenaline or a belief that their injuries are minor, will “wait and see” before visiting a doctor. Others will not follow their doctors’ recommendations carefully.
How It Hurts Your Claim:
Suggests That Injuries Are Not Serious: Insurers often contend that genuinely serious injuries would have driven you to get medical care right away, so any delay suggests your injuries were not severe. Failing to consistently attend follow-up appointments, physical therapy, or specialist visits can be used to suggest that you are not taking your injuries seriously or that they are not as severe as you claim.
Jeopardizes Your Health: Most importantly, delaying care or failing to properly follow up with care can result in a missed opportunity to address your injury before it gets worse.
The Solution: Seek immediate medical attention and follow all of you doctors’ orders to the letter.
2. Failing to Document and Preserve Evidence
The Mistake: Not collecting essential information at the scene or failing to maintain critical records throughout your recovery.
How It Hurts Your Claim:
Lack of Proof: A personal injury claim relies on evidence to establish fault and the extent of your damages. Without thorough documentation, it becomes your word against the other party’s.
Lost Details: Memories fade, witnesses move, and physical evidence (like skid marks or hazardous conditions) disappears quickly.
The Solution:
At the Scene: Take photographs and videos of the accident scene, including property damage, your visible injuries, road conditions, and relevant signs. Get contact information for any witnesses.
Official Reports: Always call the police so that a police crash report will be prepared.
Personal Journal: Keep a detailed journal documenting your daily pain levels, limitations, emotional state, and how the injury impacts your life.
Financial Records: Keep all records: medical bills, receipts for expenses related to your injury, and pay stubs to document lost wages.
3. Admitting Fault or Giving a Recorded Statement to the Insurance Company
The Mistake: Apologizing, admitting fault, or giving a recorded statement to the at-fault party’s insurance adjuster before speaking with an attorney.
How It Hurts Your Claim:
Admitting Fault: Even saying “I am sorry” can be misinterpreted or used against you as an admission of responsibility, which can drastically reduce or eliminate your right to compensation.
Recorded Statements: Insurance companies often take recorded statements that might be used against you later in the claims process, particularly if a dispute arises over how the accident occurred or if your injuries turn out to be more severe that what you originally thought.
The Solution: Do not discuss fault or the specifics of the accident with anyone other than law enforcement and your attorney. Politely decline a recorded statement, and direct any communications from the at-fault party’s insurance company to your lawyer.
4. Posting on Social Media
The Mistake: Sharing details about your accident, your recovery, or even just posting seemingly innocent photos of yourself on platforms like Facebook, Instagram, YouTube, TikTok, or other social sharing platforms.
How It Hurts Your Claim:
Used as “Evidence”: Insurance adjusters and defense attorneys routinely monitor a claimant’s social media. A photo of you smiling, lifting a child, or enjoying an outing—even if you are in pain —can be taken out of context to argue that your injuries are exaggerated or that you are not as disabled as you claim.
Inconsistent Statements: Any description of the accident or your injuries posted on social media that contradicts statements you make to you doctors and/or during litigation can destroy your credibility.
The Solution: Set all social media profiles to private and refrain from posting any information, photos, or updates about your injuries or the accident until your case is fully resolved.
5. Settling Too Quickly
The Mistake: Accepting the first settlement offer from an insurance company.
How It Hurts Your Claim:
Lowball Offer: Insurers often start with an underpriced offer intended to close the case quickly and cheaply, well before you have had time to grasp the full extent of your injuries or the long-term costs you will face.
Unknown Future Costs: Many injuries, especially head, back, and neck injuries, may not reach “maximum medical improvement” for months. Accepting an early settlement means you waive your right to seek further compensation if your medical needs worsen or become chronic.
The Solution: Never accept an offer without consulting a personal injury attorney. An experienced personal injury lawyer can competently evaluate your injury claim, taking all pertinent information into consideration, such as medical bills, lost wages, pain and suffering, loss of enjoyment, scarring, inconvenience, and any disability.
Protect Your Rights: Consult an Attorney
Navigating a personal injury claim while simultaneously focusing on recovery is a significant burden. The legal system and insurance companies are complex and intimidating. Avoid the critical mistakes discussed above and protect your right to fair compensation by consulting an experienced personal injury attorney as soon as possible after an accident.
Contact a Virginia Beach Personal Injury Lawyer
By working with an accident injury attorney in Virginia Beach, you gain access to skilled legal guidance and strong representation. From handling intricate legal matters and negotiating with insurers to advocating for you in court, our experienced injury attorneys ensure you have the best chance of receiving fair compensation for your injuries.
We understand the nuances of Virginia personal injury law. We provide valuable insight into how to approach your case effectively, whether through negotiation with insurance companies or in court.
The injury law attorneys at Preston, Wilson & Crandley, PLC advocate on your behalf, ensuring that you are treated fairly and that your case is presented effectively.
Contact Preston, Wilson & Crandley, PLC at (757) 486-2700.
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