Did you have an accident? What should you do in the immediate aftermath and later? While you can do a wise thing like contacting an accident attorney, there are a lot of pitfalls that could keep you from getting the compensation that you deserve — if any. Here are the ones that you need to look out for the most:
Not Notifying the Police
No matter how minor the accident may have seemed, never think that you can just “settle it between us.” There’s going to be too much room for the other person to twist things to suit their agenda, no matter what kind of documentation you get. You need to get authorities there to assess things themselves and also get as many eyewitness accounts as they possibly can. Without their input, it can be very difficult, if not impossible, to get a favorable ruling in a claim.
Not Getting the Police Report
You may have done the first part of this right, but you need to do the second part, too. The police report will be a legal document that will be shown in the courtroom. If you don’t secure this, then you’re going to put yourself in a tough position. Your attorney will not be happy to hear this and it may jeopardize your situation.
The police officers will know that it’s part of the document process. Don’t be shy about asking. They should be able to provide a copy of it without any incident. It doesn’t end with just getting the police report, though. You need to look it over and make sure that everything is factually correct and speak with the officers if it turns out that there was a mistake. Otherwise, it can be nearly impossible to fix once it reaches the court system.
Downplaying Your Feelings or Injuries After the Accident
It may be a natural instinct to tell people, like the bystanders, that you “feel fine” after the accident. You’re tough, right? It’s the polite thing to do. That’s a mistake. If the other party hears you say that, then they could use that against you when you file your claim. “They said they were fine!” Instead, don’t answer those questions.
You need to keep that in mind too, if asked to give a statement by the other party’s insurance adjuster, for example. Your call may be recorded. You are under no obligation to do this. Don’t insert any kind of feelings in it or try to make it seem like it wasn’t a big deal. Just truthfully state the facts of what happened during the accident. Don’t guess about anything. If you’re not sure, you can say that or “I don’t recall.” They can’t use that against you.
Signing a Release
This is the worst thing you can do. It effectively absolves the other party of any liability apart from any settlement money you might get at the time. The other party might try to take advantage of your post-accident confusion. Never sign anything immediately. Show it to a lawyer.
The reason for this advice is that you can’t sign the release, get whatever money you agreed on, and then find out you’re much more injured than you thought and try to recoup more money. The judge will point to the settlement and your avenues of compensation will be closed. Always wait and get a legal opinion from your own attorney.
Not Seeing a Doctor
Even though you might not feel any immediate side effects, you should still have a medical professional take a look at you within a day or two. That’s because some side effects or injuries might not show themselves until then. You also want to make sure that you don’t have any internal injuries, like internal bleeding. If you don’t start a medical document trail, then you are effectively sabotaging any later chances of getting compensation for your injury.
This is crucial because if you do have signs of an injury later on and you don’t get medical help right afterward, it can muddy the waters. The opposing counsel could make the claim that you were actually hurt in an unrelated incident. Without your doctor providing documentation that you sought medical help right away, that could torpedo your claim or make it much more of an uphill battle than it originally would have been.
Not Following Your Doctor’s Orders
It’s one thing to not see a doctor, but it’s another thing entirely to see one and then go against what they told you to do or not do and then get hurt. That’s going to negate whatever diagnosis you originally got. If your doctor tells you that you need to rest and your job tries to get you to do something physically taxing, then you need to get the law involved. This is a crucial part of your claim.
The same goes for things like physical therapy. You need to have documentation from them that you made every attempt to get back into the condition you were in before. It can also demonstrate what kind of limitations you are facing after the accident. You might have lost the use of a certain limb, for example. If your doctor tells you to go to physical therapy, then you need to do what they say.
Not Keeping Detailed Records
You should be compiling every single thing related to the accident in a single folder. This includes the police report, medical reports, any medical bills, and bills for things like physical therapy. It should all be there in one location. Having it strewn all over the place and having your lawyer possibly have to do a lot of guesswork is going to be disastrous for you.
Not Seeking Out a Lawyer Right Away
Once you’ve seen your doctor and started any rehab, you want to get the ball rolling as far as the law goes. If you find an experienced accident attorney, then you should start proceedings with them.
The reason for this is that the clock starts ticking after the accident. You have a certain amount of time and if the hands reach midnight, you’re going to be out of luck. The attorney will know exactly how much time you have and will work with you to get you across the finish line.
Not Filing on Time
As mentioned before, there’s a finite amount of time. You need to have all of your documents in order, get copies of them to your attorney and also send the proper forms to the courts.
While you may have up to two years in some states, time flies. You don’t want to leave this on the back burner. Otherwise, you could find yourself on the wrong end and wind up with nothing, which would be horrible if you were severely injured and trying to rebuild. Avoid that scenario at all costs.
Saying Anything on Social Media
This is the same thing as making a recorded statement. The opposing counsel could conceivably look up and use any posts that you make on your public social media pages. This is where this trend has really hurt some people – they tend to overshare every aspect of their lives.
So, if you say anything, even something that seems innocuous to you, that could undermine your claim, you can bet that the opposition will zero in on that and use it against you. Be mindful of that. Don’t post anything that could be remotely inflammatory or that the opposing party could say is an attempt to ruin their reputation.
Trying to Try the Case on Your Own
You might think that you have a fairly open-and-shut case here. As a result, you might try to save money and go it alone. That’s not a good move, since you will likely run up against some canny people in both the other person’s insurance adjuster and their counsel. They will do their best to trip you up with anything you say or do.
You’re going to need a savvy lawyer guiding you. Otherwise, you’re at big risk of winding up on the losing end of something you should have won.
Being in an accident can be a very traumatizing event. One second, you can be driving along enjoying life and then the next, you can be fighting for control of your vehicle and even your life. The next minutes to hours may seem like a blur.
It’s important that you take control immediately afterward. You might have a family member or friend with you who can help guide you through that early rough mental terrain while you wait for the police.
The legal system can be very complex. If you’re able to get an experienced attorney, they will also help guide you through the waters. They will instill a sense of confidence through their knowledge of accident law, and they will make sure that everything is done perfectly.
By avoiding all of these pitfalls, you will give yourself the best chance of successfully filing a claim and getting the compensation that you deserve. Then you and your family will be able to start living your best life again. That will be all that you can ask, given the circumstances.
