Suffering injuries because of someone else’s negligence is a stressful situation. It can be difficult to keep your wits about you when you are in pain, angry, frustrated, and worried about your finances or future. Therefore, knowing what to do—and what not to do—if you find yourself in this situation is essential for getting justice and fair compensation in your case.
Our attorneys have compiled this list to help accident victims know how to protect their rights and take steps toward pursuing a positive outcome in their case after sustaining a severe injury.
Don’t Make These Common Mistakes in Your Personal Injury Case
In many cases, you can hold the at-fault parties legally responsible for any economic and noneconomic damages you suffered due to their actions. When you are involved in an accident resulting in injury, there are many things you should do to preserve and bolster your claim. Here is a list of common mistakes when considering a personal injury case.
Not Reporting the Incident to Local Authorities or Appropriate Personnel
It is important to report an accident to the local authorities immediately after the accident occurs. This creates a timestamp for the accident and clarifies exactly the statute of limitations to file a lawsuit. Furthermore, reporting the accident immediately allows you to memorialize your recollection of the accident. This is vital, as it can be difficult to remember specific details months or years down the line. Lastly, it allows you to put another person on notice of the accident, someone who can then be a witness when presenting the report as evidence in court.
Not Seeking Medical Treatment
It is highly important to seek medical treatment immediately after the accident. By not seeking any medical treatment, it becomes difficult to prove you were injured because of the accident. You cannot make a personal injury claim without evidence of injury within a reasonable timeframe of the accident occurring.
Getting the necessary medical treatment also provides a better understanding of the injury sustained and any additional treatment recommended. Your health outcomes are as important, if not more, than your financial recovery. Always prioritize your healing.
Finally, because you can also recover future care expenses, you must reach maximum medical recovery or provide evidence to show your prognosis and level of ongoing care needs. However, you will need to see a doctor and follow their treatment plan to achieve either.
Discussing Your Injury With the Insurance Company
Never discuss the merits of the accident with the insurance company without legal representation present. While you may think there is nothing you could say to the insurance company that could hurt your claim, there is!
The insurance company is not on your side. Thus, be careful what you say. Whenever possible, tell the adjuster to contact your attorney instead. This step is crucial to protect your rights to fair compensation.
An adjuster may get you to admit something that could severely reduce your chance of recovery. They may coerce you into saying things to minimize your injury or even worse, admit to lack of injury or being the sole cause of the accident. Experienced counsel will do most, if not all, of the talking for you to eliminate the risk of devaluing your claim.
Settling Your Claim With the Insurance Company Without Legal Representation
This is the absolute worst thing you can do in a personal injury matter. By settling your claim without legal representation, you could receive a settlement significantly lower than its actual value. Insurance companies will only offer a small amount of money to resolve your claim when your claim could be worth thousands more.
Once you settle your claim, you will be unable to seek additional redress in the future. Instead, you should defer to counsel to monetize your claim while considering your injuries, pain and suffering, future medical treatment, lost income, and more. If you settle your case with the insurance company too soon, you may not have sufficient time to appreciate and evaluate your injuries or impairment, which could harm you in the future.
If you receive an offer, you should speak with an attorney as soon as possible to weigh your options and learn more about the value of your case. Never settle an injury claim without at least discussing it with a lawyer familiar with the facts of your case.
For a free legal consultation, call 800-537-8185
How a Personal Injury Law Firm Can Help With Your Case
It is best to retain legal representation to fight for you and get the maximum recovery available to avoid these mistakes with your injury claim. We recommend hiring an attorney as soon as your injuries allow. They can take over the legal part of your case while you focus on treatment and healing. Most offer free initial consultations so you can get to know each other and decide if it will be a good partnership.
A lawyer familiar with cases like yours can investigate what happened and develop a plan to pursue compensation and hold the at-fault parties liable for the injuries and damages they caused you. You do not have to try to manage this process alone. A legal team can handle your case while you concentrate on what is most important—your health and happiness.
Speak With a Morris Bart, LLC, Attorney Today
If you sustained injuries due to an auto accident, contact the personal injury attorneys at Morris Bart, LLC, today. You can fill out the free case evaluation form, Live Chat with us, or call us at (800) 537-8185. We answer our phones 24 hours a day. We have offices across Louisiana, Mississippi, Alabama, and Arkansas. We are a contingency fee firm, offering representation with no upfront costs.
to find a Morris Bart office near you.