When you suffer an injury due to someone else’s negligence, seeking compensation is often a necessary step to cover medical expenses, lost wages, and emotional distress. That’s what we do at Mabra Law – we represent injured men, women and children by investigating their accidents to determine liability and then hold those entities accountable to ensure you have what you need to move forward and heal from your injuries. However, many individuals unknowingly make mistakes that can significantly impact their personal injury claims. To help you navigate the process successfully, our experienced Atlanta personal injury attorney team has identified seven common mistakes that could hurt your case.
#1: Failing to Seek Immediate Medical Attention
What should you do? Go to the emergency room or schedule an appointment with your primary promptly after an accident.
One of the most critical mistakes you can make after an accident is refusing medical attention. Even if you feel fine at the accident scene, it’s possible more serious injuries may not be immediately apparent. Conditions like whiplash, internal bleeding, or concussions may take hours or even days to manifest.
Insurance companies will evaluate the timeline of the accident and your injuries to determine what is covered by the policy. They will consider any delay between the time of the accident and when you first sought medical treatment as an opportunity to reduce the payout. Declining a trip to the emergency room or refusing to seek medical treatment the same day as the accident will be treated as a red flag by insurers. Missed doctor appointments and gaps in treatment can also be considered suspicious.
Injured plaintiffs often do not understand how such insignificant issues – like scheduling – can damage the overall strength of the lawsuit. Even if you have only minor injuries from an accident or suspect that you have any injury but are not sure, the best option is to seek medical treatment as soon as possible.
If necessary, go to an emergency room for immediate care. If your injuries do not require emergency hospital treatment, follow up with your primary care doctor or make an appointment for a full medical evaluation within a couple of days of the accident. Not doing so could make it difficult to fight for fair compensation if it turns out that you were injured worse than you initially believed.
#2: Not Gathering Sufficient Evidence at the Accident Scene
What should you do? Take lots of pictures at the scene and save all paperwork. Jot down notes.
Evidence is the backbone of any personal injury case. Without sufficient documentation, proving negligence and liability becomes significantly more challenging. It is part of our job as your Atlanta personal injury attorney to investigate and gather these materials, but nothing is as helpful as evidence from the scene of the accident, which happens before you ever contact a lawyer. We recommend making an effort to gather the following after an accident, if you can do so safely:
- Take clear photos and videos of the accident scene, injuries, and property damage.
- Collect contact information from witnesses.
- Obtain a copy of the police or incident report.
- Keep medical records, receipts, and any correspondence related to your injury.
If you are not too injured, as soon as possible, preferably the same day as the accident, you may want to write down your memory of every detail of what happened in the accident. Such a statement can help you remember small details later on, as memories fade over time, especially when there is trauma involved. Having a written statement of the facts and details can help you prepare for a deposition, trial, or other live testimony and can help your attorney represent you. The more evidence you have, the stronger your case will be when negotiating with insurance companies or presenting your claim in court.
#3: Admitting Fault or Making Incriminating Statements
What should you do? Comment as little as possible with others at the scene of the accident. Keep talking to a minimum.
Communicating excessively at the scene of the accident can have negative consequences for your claims later. After an accident, emotions can run high, and you may feel the urge to apologize or accept blame, even if you were not at fault. (Some people have personalities that lead to “people pleasing” even in these emergency-type situations.)
You may want to jump out of the car to speak to the other driver about the accident. However, any statement you make at the scene, to law enforcement, or to insurance adjusters can be used against you later. Insurance companies often look for ways to minimize payouts, and admitting fault can significantly reduce your compensation. Instead, stick to the facts when speaking with law enforcement, witnesses, and insurance representatives. Carefully select your words and limit your interaction to the exchange of insurance and contact information. Let an experienced Atlanta personal injury attorney handle communications on your behalf.
#4: Accepting the First Settlement Offer
What should you do? Speak with a lawyer to determine if the offer is fair value for your injuries, pain and suffering.
Many personal injury cases settle out of court with one or more insurance companies negotiating with the injured parties. Insurance companies often make quick settlement offers to resolve claims before the full extent of your injuries and damages are known and usually make an offer that is lower than what the case is actually worth. It may be tempting to accept an early settlement out of fear that it may be your only chance to recover monetarily, but doing so can be a costly mistake.
Initial offers are typically much lower than what you may be entitled to receive based on the extent of your injuries, the amount of medical expenses you incur, the wages you lose from missing work due to the injuries, and property damage, such as to your vehicle, home, or other property. Once you accept a settlement, you waive your right to seek further compensation. If you do not have legal counsel, we highly recommend reviewing any settlement offer with an Atlanta personal injury attorney before accepting it verbally and before signing any document. You have nothing to lose by consulting a professional for more information.
It is also important not to trust insurance companies completely. We don’t say this to be mean, but you have to understand their job is to pay out as little as possible. After an accident claim is made, insurance adjusters will contact the drivers, witnesses, and injured parties to gather facts and take statements. Then they compile those into written reports that they will try to use against the claimant to minimize the insurance company’s payout.
Injured plaintiffs who represent themselves are often unaware of this and may say things that damage their ability to recover the full amount of compensation they are owed. It’s best to consult with an experienced PI law firm like Mabra Law before giving any statement to an insurance company. Do not sign anything, including a written acknowledgment, admission of fault, or any document where you adopt someone else’s statement, without first consulting with an attorney.
#5: Posting About Your Case on Social Media
What should you do? Avoid posting anything to your social media profiles while your case is underway.
Social media can be a double-edged sword. While it’s natural to want to update friends and family about your condition or the tragedy that happened to you, anything you post online can be used against you in your case (even if your profile is “private”). Insurance companies and defense attorneys often monitor claimants’ social media accounts for evidence that contradicts their injury claims. Even innocent posts, such as photos of you engaging in physical activities, can be misinterpreted and used to challenge your credibility.
To protect your case, avoid discussing your accident, injuries, or legal proceedings on social media. Adjust your privacy settings and refrain from posting anything that could be taken out of context.
#6: Missing Important Deadlines
What should you do? Prioritize attendance at all appointments with your doctors, including follow-ups and visits with specialists.
A common mistake that injured people make is waiting too long to file a claim. Personal injury claims are subject to strict deadlines, known as statutes of limitations. In Georgia, the statute of limitations for most personal injury cases is two years from the date of the accident. Missing this deadline means you lose your right to pursue compensation of any kind.
Additionally, certain cases, such as those involving government entities, may have even shorter deadlines. Consult with an Atlanta personal injury attorney as soon as possible to ensure you meet all legal deadlines and preserve your right to compensation.
#7: Not Hiring an Experienced Atlanta Personal Injury Attorney
What should you do? Seek legal counsel after the accident. Let an attorney handle the insurance company on your behalf.
Perhaps the most detrimental mistake you can make is trying to handle your case without legal representation. Injured plaintiffs may believe that they can handle a lawsuit or insurance claim on their own or do not want to pay money for an attorney, but building a lawsuit is not the same as selling a house and it’s a professional effort you should not do without proper training.
Insurance companies have teams of adjusters and attorneys working to minimize payouts. An experienced Atlanta personal injury attorney understands the intricacies of personal injury claims, from gathering evidence to negotiating settlements and representing clients in court. We do this all day, every day. We know what works. The insurance companies know us. We’re taken seriously and the value we bring to your case is unparalleled.
There is no financial risk in hiring a lawyer. It costs nothing – we never take your credit card or ask for money. We only get paid if we win.
Other Common Mistakes Made by Injured People FIling a PI Lawsuit
Exaggerating Injuries
What should you do? Speak honestly about your injuries without embellishing or lying to make something sound better or worse.
It’s common for plaintiffs to exaggerate their injuries and damages out of concern that the real injuries and damages are not enough to justify winning the lawsuit or obtaining a fair payout from an insurance company. Sometimes clients may overstate or embellish symptoms, losses, or details of the accident. Not being 100% honest about the facts, the accident, and injuries can compromise the integrity of the lawsuit.
Telling Lies
What should you do? Tell your lawyer the truth every time. A lawyer can’t help you if they don’t know all the facts.
It is important to cooperate with your attorney and consider their advice and directions about your case. Transparency is critical. You should be fully truthful and candid with a lawyer so that they can represent you accurately. This will result in the best possible outcome for your case. Some injured parties are hesitant to tell their attorney all the details about the accident or their medical history because they are afraid it will hurt their case. This is a mistake. Telling your attorney everything is crucial so that they can prepare in advance for any issue the insurance company or opposing counsel raises.
Get Started Today with a Free Consultation with an Atlanta Personal Injury Lawyer
Navigating a personal injury claim can be overwhelming, especially when deadlines with medical treatments and financial stress. By avoiding these common mistakes, you can strengthen your case and improve your chances of receiving fair compensation.
If you’ve been injured due to someone else’s negligence, consulting with an Atlanta personal injury attorney is crucial. They can guide you through the legal process, protect your rights, and help you secure the compensation you deserve. Don’t let simple mistakes jeopardize your case–seek professional legal assistance today.