Often, cases are lost due to the actions of the clients during the ongoing case. Lawyers have to work with these issues more often than they’d probably prefer to and as a result, lose out on precious time and money. Often people make these mistakes without knowing and as a result damage their personal injury claim. The following list shows the top 7 mistakes that will ruin your auto accident case.
1. Failing to call the police and not getting enough information at the scene.
People feel they don’t need to call police because they are promised by the at-fault driver that he/she will tell their insurance company it was their fault and that they should pay. Although this may sound sincere, many times the at-fault driver will completely change their take on the accident and give a different side to the story once they talk to their insurance. Therefore, you should always call the police and get a report as well as obtain all information from the other driver. TAKE PICTURES!
2. Waiting to seek medical care.
You should immediately go to a hospital or emergency room so they can check your vital signs, document you were in an accident and can schedule any follow-up appointments.
3. Giving too much info. to the other driver’s insurance company.
The at-fault insurance adjuster will call you to get a statement as to how you say the accident occurred and what, if any, were your injuries. REMEMBER, the adjuster is not a neutral party and work for the insurance company. Many get bonuses based on how much they save the insurance company. If they can get you to admit you were slightly more than 50% at fault, then under Texas law they owe you nothing.
4. Refusing to hire an attorney.
Insurance companies have their adjusters out to the scene of an accident as soon as possible if it appears to be serious. They collect evidence, interview witnesses, etc. and do not have to turn anything over to you. Often times a lawyer can spot potential problems or anticipate defenses early on in the claim process and can help avoid or, if nothing else, minimize then.
5. Hiding previous accidents, injuries, or medical conditions from your lawyer.
Many people think previous injuries and accidents can affect their present claim, and the answer is, it’s possible. The biggest problem about withholding this information is that it destroys your credibility and ruins your case. If you do it under oath, then you are committing a crime called perjury.
6. Making damaging statements to a doctor, nurse, assistant, or staff.
Sometimes, doctors engage in small talk clients tend to say all kinds of things pertaining to the accident. Often, those doctors, nurses or staff will write down what you say no matter how irrelevant it is. Client records often reflect errors, inconsistencies and other harmful statements due to vulnerability. Insurance adjusters and their lawyers can and will dive into those records looking for anything and everything they can use against you.
7. Social media posts.
As long as you are acting consistently with what you are telling your medical providers, lawyer’s and the adjuster, there is no problem. The problem arises when you are caught doing something that a seemingly injured person probably would not be doing. These can be engaging in sporting activities, dancing, doing chores, etc. Posting such things will destroy your case. Be careful about what you post.
If you have any other questions regarding a personal injury or have suffered an injury due to the negligence of another, please call our office at 361-792-2358 to schedule a free consultation.