In the aftermath of a car accident, it’s crucial to navigate the complexities of a personal injury case with care. Many people unknowingly jeopardize their claims shortly after the crash. Here are critical mistakes to avoid within the first two weeks that could kill your personal injury case.
- Posting Damaging Content on Social Media
In our digital age, sharing your life on social media can be tempting, but it can also be detrimental to your personal injury case.
Why It Matters: Insurance adjusters and opposing attorneys routinely scour social media for evidence that could undermine your claims. Even innocuous posts can be twisted to suggest you’re not as injured as you claim. For example, sharing photos of a family outing or engaging in activities like hiking can paint a misleading picture of your recovery.
Tip: Refrain from posting anything related to your accident or recovery until your case is settled.
- Failing to Seek Timely Medical Treatment
Delaying medical treatment can severely impact your personal injury case.
Why It Matters: If you are hurt but choose not to seek medical attention immediately following your accident, it can lead insurance companies to argue that your injuries are not serious or related to the crash. This gap in treatment can be used to undermine your credibility and the legitimacy of your claims.
Tip: Visit a healthcare professional as soon as possible after the accident, even if you feel fine. Document all medical visits and follow their advice for ongoing treatment.
- Providing a Recorded Statement to the Insurance Company
Many believe fully cooperating with insurance companies will help their cases, but this is often a mistake.
Why It Matters: When you provide a recorded statement, you may inadvertently say something that can be used against you later. For example, if you tell them you “feel fine” just days after the accident, they may argue that your injuries aren’t severe or don’t warrant compensation.
Tip: Consult with an attorney before giving any statements to insurance companies. They can guide you on what to say—and what to avoid.
Additional Ways to Sabotage Your Case
While the above three points are critical, several other actions can also endanger your personal injury claim:
- Neglecting to Preserve Evidence
Failing to secure evidence like photos, videos, the vehicles involved, phone data, and control module data can hurt your case.
- Not Following Up on Witnesses
If witnesses are not contacted promptly, their memories can fade, and their statements may be less reliable later. They may also become difficult to locate.
- Discussing Your Case with Friends or Family
Talking about your case can lead to misinformation and be used against you later.
- Choosing the Wrong Medical Provider
It is critical that you seek medical attention from providers who can properly diagnose and confirm your injuries and help you recover.
- Accepting a Quick Settlement Offer
Insurance companies may offer quick settlements that are often much lower than you deserve. If you get tempted and accept a quick check in exchange for a settlement release, you are likely forfeiting your ability to get a proper settlement later on when you recover.
- Downplaying Your Injuries
When speaking to others about your injuries, downplaying their severity can contradict your claims.
- Failing To Report Claims Promptly
Delaying the initiation of your claims can lead to issues with coverage requirements under your policies.
- Failing to Consistently Photograph Your Injuries
Visual evidence is powerful. Neglecting to take pictures of your physical injuries during the healing process may weaken the claim for pain and suffering.
- Ignoring Your Own Medical Advice
If a doctor advises specific treatment or therapy, not following through can damage your credibility.
- Embellishing to Try and Make Your Case Better
When you give details of your injuries and crash to medical providers, they will be documented. Insurance companies will use things that are untrue against you, and it will cause questions about your credibility.
- Being Dishonest About Pre-Existing Medical Conditions
If you think hiding pre-existing injuries and medical conditions helps your case, you may want to think again. Claims involving aggravation of pre-existing conditions are recognized and, when presented properly, enhance the value of the case by showing reasons why recovery was so difficult after the crash.
Navigating a personal injury case can be challenging, especially after an accident. By avoiding these common pitfalls—especially social media posts, delayed medical treatment, and recorded statements—you can help protect your claim and increase your chances of a successful outcome. Always consult an experienced personal injury attorney to guide you through the process and protect your rights.