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Common Mistakes to Avoid When Filing a Car Accident Lawsuit

Hoffspiegel Law Blog

Common Mistakes to Avoid When Filing a Car Accident Lawsuit

Car accidents are a harrowing experience, and their aftermath can be overwhelming. You may be facing severe injuries and emotional distress. What’s more, navigating the car accident claims process forward by yourself can pile on the stress. 

Filing a car accident lawsuit to seek compensation helps protect your rights. However, it is essential to tread carefully, as there are common mistakes accident victims make. These can significantly impact the outcome of a personal injury car accident claim and are more easily avoided when you seek the help of an experienced lawyer.

Not Hiring an Experienced Personal Injury Lawyer

When filing a car accident lawsuit, one of the biggest mistakes you can make is failing to hire an experienced personal injury lawyer. You may prefer to handle your personal injury case yourself. However, this decision could negatively impact the outcome of your case.

A personal injury lawyer gives you access to valuable resources, medical professionals, and more. These individuals and their testimonies can strengthen your case. 

Moreover, skilled attorneys are well-versed in negotiating with insurance companies. They understand tactics used by insurers to minimize settlement offers. The right attorney will fight tirelessly for your best interests. 

Without proper legal representation, you risk losing out on fair compensation.

Being Uninvolved in Your Personal Injury Lawsuit

Two more common mistakes are (1) failing to communicate effectively with your attorney, or (2) being uninvolved in your case. It may be tempting to leave everything to your car accident attorneys and assume they will handle everything. However, doing so can hinder the success of your claim for monetary compensation.

You should actively participate in your case by providing all necessary information, documents, and evidence. Remember that no one knows the details of the accident better than you do. By staying involved, you can help your attorney build a strong case on your behalf.

Attend all meetings with your lawyer and stay informed about any updates or developments related to your case.

Exaggerating Details About Your Car Accident Claim

By withholding information, you may jeopardize your chances of receiving fair compensation.

Neglecting to tell your doctors about certain symptoms or pain could lead to delayed or inadequate medical treatment. This can result in further complications and potentially harm your overall well-being.

Follow through on all recommended treatments. Take medications, and attend all therapies and appointments as your doctor advises. Attending scheduled medical appointments shows that you are taking your injuries seriously. Stay in contact with your primary care physician as well. 

If there are any inconsistencies or gaps in your medical records, insurance adjusters may use this against you to devalue or deny your claim.

Speaking With the Insurance Company

Communication with insurance companies is crucial to the car accident lawsuit process. However, you should allow your attorney to handle all communications with them.

Keep in mind that insurance companies aim to pay out as little as possible. Don’t sign any papers without understanding these documents. Insurance adjusters often rush accident victims into settlements, but such a rushed agreement might limit your future compensation or prematurely release the insurance company from responsibility.

Insurance adjusters record all conversations and may ask tricky questions. A skilled attorney, though, has the know-how to help you navigate these negotiations.

These agreements could have clauses that limit your future compensation options. It could even release the company from further responsibility. You should speak to a knowledgeable personal injury attorney before agreeing to anything.

Also, be careful about giving recorded statements to insurance adjusters, even if it is your own insurance company calling. The adjuster might try to lead you into saying something that could be used against you later.

Keep in mind insurance adjusters are skilled at protecting their company’s interests. A personal injury attorney can offer you valuable professional guidance.

Talking to Other People About Your Case

One common mistake is discussing the details of your case with friends, workmates, or even strangers. It may feel comforting to vent or seek advice from others. However, remember that anything you say could be used against you by insurance companies or opposing parties. Even seemingly innocent conversations can unintentionally reveal information that may weaken your claim.

Do not gossip about the accident with anyone involved in the legal process. When with your doctors, keep discussions focused on matters related to medical treatment.

Posting About Your Case on Social Media

In today’s digital age, it can be tempting to share every detail of our lives online, including the details of a legal case. However, doing so can have serious consequences.

Insurance adjusters often monitor social media accounts. They look for any evidence they can use against you. Even innocent-looking posts, or a picture you are tagged in, can be used against you. They might use your pictures or updates to minimize your injuries or argue you were at fault.

Refrain from discussing details about your case online altogether. Consider disabling public access to your accounts. Always think twice before accepting friend requests from unfamiliar individuals.

Remember, when it comes to personal injury lawsuits, discretion is key. It is always better to be cautious and keep sensitive information private.

Not Seeking Medical Attention

Failing to seek medical treatment right away weakens your personal injury claim. Insurance adjusters may argue that you would have sought immediate medical care if you were truly injured in the accident.

Insurance companies will also use this to argue your injuries are less severe than you have claimed. They may even say your injuries were caused by something other than the car accident in question.

Not Telling Your Doctors Everything

Always be honest with your doctors about your symptoms and injuries. Some accident victims do not share everything, which can hurt their personal injury claims.

By hiding or downplaying details, you risk getting less compensation. Medical records are vital evidence in these cases, showing the extent of your injuries and treatment.

Failing to tell your doctors about certain symptoms or pain could lead to delayed or inadequate treatment. This can result in further complications and potentially harm your overall well-being. 

Follow your doctor’s advice, attend appointments, and take prescribed treatments and medications. This shows you are serious about your injuries and treatment. Inconsistent or incomplete medical records can be used by insurance adjusters to devalue or deny your claim.

Attend all scheduled medical appointments. This shows that you are taking your injuries seriously and seeking proper treatment. When there are inconsistencies in your medical records, adjusters may use these against you to devalue or deny your claim.

Getting Rid of Evidence

One major mistake when pursuing a car accident lawsuit is disposing of evidence. Some individuals panic and attempt to conceal their errors in the heat of the moment. Nonetheless, tampering with or discarding evidence, even a social media post, can seriously harm your case.

Disposing of evidence undermines your credibility. It also ruins your chance of getting fair compensation for injuries and losses. Insurance companies and opposing attorneys will exploit this to discredit your claims.

Furthermore, destroying or concealing evidence can be viewed as obstructing justice. Such allegations could result in criminal charges against you; it is not worth risking legal troubles through such actions.

Rather than disposing of evidence, it is crucial to preserve it carefully. Keep all relevant documents in a secure location and create duplicates if needed. For physical items like damaged parts, securely store them as well. Keep track of any medical bills, medical expenses, lost wages, or other bills related to your injuries and treatment.

Settling for a Low Offer From Insurance Companies

Always be honest with your doctors about your symptoms and injuries. Some accident victims do not share everything, which can hurt their personal injury claims.

By hiding or downplaying details, you risk getting less compensation. Medical records are vital evidence in car accident cases, showing the extent of your injuries and treatment.

Not Connecting With a Car Accident Attorney Before Time Runs Out

At Hoffspiegel Law, we understand the challenges that car accident victims face. Seeking compensation can be overwhelming, and it is easy to make mistakes on your own.

Please be aware that your car accident lawsuit must be filed before the statute of limitations runs out. The sooner you speak to an attorney, the more likely the deadline can be met and you can be compensated for your car accident losses.

With extensive experience in personal injury law, our team of experienced attorneys is committed to helping you get the best outcome for your case. We know how to obtain justice for our clients and can use our experience to protect your rights aggressively.

If you have been injured in a car accident due to someone else’s negligence or reckless actions, don’t hesitate to contact us for a free consultation. Call us at (404) 760-8600 or complete our online form. Let our legal warriors fight tirelessly on your behalf so that you can focus on healing and rebuilding your life.