Mistakes to Avoid with an Accident Injury Claim
Getting injured in an accident that was caused by someone else is one of the most devastating events anyone could ever experience. A moderate to severe injury will often leave you hospitalized for an extended period of time, and you may also require a significant amount of ongoing medical care in order to fully recover or reach maximum medical improvement. The injury could keep you out of work for a while, which will take a heavy toll on your finances, and in some cases, you may not be able to return to the job you previously had.
On top of all this, injury victims typically have to deal with untold amounts of physical pain along with the stress and anxiety of not knowing when all of this is going to end so their life can return to normal. This can be especially hard on others in the household, particularly the children who have always seen their injured parent as a strong provider.
While no amount of money can make up for many of the intangible losses you have suffered, monetary compensation is the only legal remedy available to make an injury victim whole. Unfortunately, recovering damages for your losses is not an easy process, and there are many potential pitfalls that can trip you up and cause you to lose out on the compensation you deserve.
Here are 6 critical mistakes to avoid for those who have been injured in an accident:
Waiting Too Long to Seek Medical Treatment
People who are involved in an accident often hesitate to obtain medical help right away. There are many instances when the effects of an injury do not show up immediately, and this can create the mistaken assumption that your injuries are minor and there is no need to get checked out. A week or two later, the pain begins to worsen, and it becomes clear that you need to see a doctor. If you wait too long, you could even forfeit your right to file a claim because you failed to take reasonable steps to mitigate the effects of your injury.
The best thing to do when you are involved in any type of accident – no matter how minor it may seem – is to seek immediate medical attention. It might turn out that you don’t have any significant injuries, but it is better to be safe than sorry.
Letting your Guard Down with the Insurance Company
Shortly after reporting an injury to the insurer, you may receive a call from an insurance adjuster or another company representative. This is billed as a “courtesy call” to find out how you are doing and to assure you that you are going to be “taken care of”. No matter how friendly and down-to-earth they may seem, you must always keep in mind that insurance company officials do not have your best interests in mind.
Their goal is to pay out as little as possible for your injuries, and one way they do that is to try to earn your trust so you will let your guard down and say something that might be damaging to your claim. Whenever you talk to an insurance company representative, be courteous and polite, but never admit fault for anything and do not give them any information that they do not have a right to ask for.
Posting About the Accident on Social Media. Insurance companies spend a lot of money hiring investigators to pour through social media accounts and look for anything that could contradict what you are claiming. For example, you say you are bedridden, but you post pictures of you and your family vacationing at Disneyworld. But even seemingly innocuous comments and posts on social media can be twisted and taken out of context to hurt your claim. This is why it is best to stay off of social media until your accident injury case is settled.
Accepting an Early Settlement Offer
If an insurance company knows that their client was clearly in the wrong, they will often give you a settlement offer early on so they can get the case off their books. They know that your finances are probably pretty tight, and you may be motivated to get your settlement check sooner rather than later. The problem is that these types of offers are often often lowball offers. Also, they come long before you know the full extent of your injuries and thus the amount of losses you have suffered. For this reason, it is not a good idea to accept an early settlement offer without at least talking to a lawyer first.
Posting Something that May Be Damaging on Social Media
Just about everyone is on social media these days, and for some people, the first thing they do after an accident is post a photo with some commentary about it on Facebook or whatever their favorite platform is. This could be a very big mistake, because whatever you say could be twisted by the other side in order to undermine your claim. And do not count on strict privacy settings to protect you, because insurance companies have large budgets and well-paid investigators who know how to obtain difficult to uncover information from the web.
Waiting Too Long to Speak with an Attorney
If you suffered a significant injury, you should be working with an attorney. Yes, your lawyer will take a percentage of the compensation you recover, but statistics show that the average amount of compensation recovered by personal injury claimants who have a lawyer is more than four times higher than those who do not have a lawyer.
It is true that a lawyer is not necessary in all cases, and many minor claims can be handled by the claimant. But it never hurts to at least speak with an attorney to have your case reviewed and find out what your legal rights and options are. This way, you will know exactly where you stand so you can make the most informed decision on how you wish to proceed.
On the flip side, here are some items you should do in the event of an accident.
Report the crash to your own insurance company.
You should report the auto accident to your own insurer at your earliest possible convenience and give them the name, contact and insurance information for the other driver. Keep in mind, however, that if this is a situation with an uninsured or underinsured driver, then you may be pursuing compensation from your own insurer. In such cases, you need to remember that they will want to pay you as little as possible for your injuries and act accordingly.
Follow all of your doctor’s recommendations. You have a responsibility to mitigate the effects of your injuries by seeking prompt medical attention and following all of the recommendations you are given by your doctor. Keep all of your doctor’s appointments to the best of your ability, and refrain from any restricted physical activities until you receive medical clearance to resume them.
Keep extensive records of your accident and injury. You should keep a file with as much documentation as possible about the accident. Have photos from the accident scene showing how the crash occurred, take photos of your injuries and your progression during your recovery. Write down in as much detail as possible what happened while everything is fresh in your mind – this will help ensure that what you tell the insurance company is consistent all along. And keep receipts for medical bills, vehicle damage, and other losses that you have incurred.
Know the Full Cost of Medical Treatment Before Accepting an Injury Settlement
If you have a moderate to severe injury, it might be a while before you know the full extent of it. On a related note, if you have not seen a medical professional yet since your accident, do so as soon as possible.
Assuming you are getting medical attention for your injuries, be sure to follow all of your doctor’s recommendations and retain documentation from your health provider. Do your best to keep all of your medical appointments, and if you are told not to go back to work and to refrain from other physical activities for a certain period of time, do not push yourself and try to do things too soon – this could result in a setback.
Contact an attorney to discuss your case. There are a number of ways that accident injury victims can get tripped up when dealing with insurance companies, and if you are not careful, you could end up getting far less than you deserve. After a vehicle crash, it never hurts to at least speak with an attorney to have your case reviewed and find out what your legal rights and options are. Most personal injury attorneys offer free consultations, so all it costs you is an hour or so of your time to find out where you stand and decide whether or not you should retain legal representation.
Injured in an Auto Accident in Alabama? Burge & Burge is Here to Help
If you or someone close to you got injured in a vehicle crash in Alabama, contact Burge & Burge for skilled legal guidance. To get started, call our office today at 205-251-9000 or message us online for a free consultation and case assessment with one of our attorneys.
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