Common Mistakes that Can Jeopardize Your Personal Injury Case

When you’re injured in a car accident, slip and fall, or another unexpected incident, it’s common to feel shocked, overwhelmed, and unsure of what to do. It’s important to take the right steps. You could jeopardize your injury claim if you make a misstep or fail to notify the insurance company.

Below, the Palm Coast personal injury attorneys of Chiumento Law, PLLC, discuss common mistakes that can ruin a personal injury case and what you should do instead. To learn more and get answers to your questions, contact us to discuss the details of your claim with an experienced Florida personal injury lawyer.

Failing to Gather Information at the Scene

No matter what type of accident caused your injuries, gathering as much information as possible is one of the most important things you can do in the immediate aftermath. If you are incapacitated by your injuries and can’t gather information yourself, ask someone you trust to go in your place.

Essential pieces of information and evidence include:

• The names and contact information of anyone else involved in the incident
• Names, contact details, and statements from eyewitnesses
• Insurance information from anyone who may bear responsibility for the incident, such as other drivers, if you were involved in a car crash
• Photographs of the accident scene and any visible injuries you sustained as a result of the incident

Waiting or Refusing to Seek Medical Treatment

Failing to seek prompt medical attention can undercut your claim.

If your injuries seem relatively minor, you may be tempted to hold off on going to the doctor for a checkup. However, this approach could make things more difficult for you in the long run.

In some cases, accidental injuries do not have noticeable symptoms right away. However, if they are left untreated, the accident victim may experience pain and stiffness a few days later. That’s why it’s best to have a medical professional examine you as soon as possible. Your doctor can assess your condition and may diagnose injuries that are not apparent to you yet.

When you speak to your doctor, inform the physician that you have been in an accident. Be honest about your injuries, your medical history, and any symptoms, pain, or discomfort you are experiencing. This will give the doctor a complete picture of your physical health and ensure your condition is documented accurately in your medical records. Having medical documentation of your injuries is an essential part of developing a personal injury claim.

Not Listening to Your Doctor

Failing to follow your doctor’s treatment recommendations can be just as harmful to your case as neglecting to go to the doctor in the first place. It could also give others the impression that you aren’t taking your injury seriously. It could also slow your recovery.

If an insurance adjuster or another attorney learns that you have failed to follow your doctor’s orders or skipped scheduled follow-up appointments, they may use this fact to argue that your injuries are less serious than you claim. If the insurance companies have an opportunity to reduce the size of your claim, you can rest assured they will try to take advantage of it.

Throwing Away Medical Bills and Other Receipts

Any time you receive a medical bill, receipt, invoice, or other proof of an expense incurred due to the accident, hang on to it. It’s a good idea to set aside a physical or digital folder specifically for accident-related documents. This documentation can provide evidence of the exact nature and amount of financial losses you suffered due to the accident.

You should save the following important documents and pieces of evidence:

• Medical bills from any ambulance services, hospital, emergency room, urgent care clinic, pharmacies, general practitioner, or specialists who treat you
• Accident reports, if you were injured in an accident that was reported to the police, a property owner, or your employer
• Repair or replacement invoices, if you paid to fix or replace any personal property that was damaged in the accident
• Proof of incidental expenses, such as travel costs you incur going to and from medical appointments or receipts from purchases of medical equipment

Giving Statements to Insurance Companies

Speaking to an insurance company after an accident is always risky. If they don’t ask you to give a formal statement, you can rest assured that they will take notes on everything you say. Seemingly innocent comments could be used against you later on. It’s best to speak with an experienced attorney before saying anything at all.

If you are asked to provide a statement, you should consult with a knowledgeable attorney before giving a statement. You will want to stick to the basic facts and avoid unnecessary details. If an insurance adjuster asks you for the information you don’t have, admit that you don’t know rather than trying to make an educated guess.

Any unnecessary or speculative details you provide could ultimately be used to show contradicting statements and discredit your testimony. That’s why you should always consult your attorney before speaking to any third party or accepting any settlement offers.

Posting on Social Media

Posting photos or comments on social media can be harmful to your claim. No matter how carefully you guard your online presence, your social media is likely less private than you think. If you post anything online, you should assume that insurance adjusters, attorneys, and other investigators will be able to find it and may use it against you.

You should never post anything about your accident, your injuries, or your pending case on social media. In fact, it’s best not to post anything at all before your case is resolved. Even an innocent, smiling selfie or vacation photo could be used as proof that you aren’t as injured, physically limited, or plagued by emotional suffering as you claim.

To avoid jeopardizing your case, you should refrain from the following social media activities:

• Avoid responding to other people’s comments about the incident that injured you
• Avoid accepting friend requests from or interacting with people you don’t know
• Avoid sharing photos or videos of yourself that could be used to refute your case

Ignoring Important Deadlines

Florida has a statute of limitations law that imposes strict time limits on your ability to take certain types of legal action. When it comes to personal injury lawsuits, the statute of limitations provides two years from the date when you initially sustained your injury to sue the at-fault party.

Two years may sound like plenty of time. However, when you factor in how long it could take to investigate the case, gather evidence, and engage in multiple rounds of settlement negotiations, you’ll find two years isn’t very long at all. If you fail to bring your lawsuit before the two-year deadline expires, the court will likely dismiss your case, and you will lose your right to demand compensation.

Even if you don’t think you’ll ever file a lawsuit, it’s always best to have it as an option during negotiations with an insurance company. If the insurer knows you can’t sue them, they will be significantly less inclined to agree to a full and fair settlement.

Accepting the First Settlement Offer You Receive

If you have already interacted with the insurance provider, you may have been surprised to receive an attractive settlement offer relatively early on. When this occurs, it’s essential to slow down and think things through. Insurance companies employ this tactic frequently because they know that recent accident victims are often in difficult financial circumstances and are more likely to accept any relief they are offered.

An insurance company’s initial settlement offer will usually be a lowball estimate that fails to account for the full breadth and depth of your losses. If you accept it, you may learn quickly that the settlement did not cover all of your accident-related expenses and losses. Once you accept the offer and sign a document releasing the insurer from further liability, you can’t go back and ask the insurance company for more money.

This is why it’s best to speak with a knowledgeable attorney at the outset. Your lawyer can help you evaluate your claim, estimate the total value of your losses, and demand fair compensation.

Seek Help from an Experienced Personal Injury Attorney in Palm Coast, FL

If you were injured as a result of someone else’s negligence, you should seek help from a dedicated attorney right away. The personal injury lawyers of Chiumento Law, PLLC, have more than 40 years of experience serving injured clients in Palm Coast and Ormond Beach. Our attorneys can guide you through the claims process and help you avoid mistakes that can jeopardize your claim. Contact us today to learn more about how we can help you.