Recovering from a personal injury accident can be a long and challenging process. This process involves physical pain, emotional stress, and financial uncertainty. Whether it be due to a car accident, fall, or some other workplace-related accident, the consequences afterward should be handled with care so that justice is properly administered along with fair compensation. However, people make so many avoidable mistakes that weaken their claims and prolong their hardships. The article pinpoints the top 10 mistakes most individuals make following a personal injury accident and provides some practical information on how to avoid such mistakes.
What Is a Personal Injury Case?
A case of personal injury is one that involves an individual suffering from an accident, negligence, or recklessness of another person, or even intentional acts. These cases are designed to hold the responsible party accountable and provide compensation for the victim’s injuries and losses. In tort law, negligence is the failure to act with the reasonable care a prudent person would use under similar circumstances. Examples are a driver who is texting while driving or a property owner who allows a known hazard to go unrepaired, leading to injury to others. To prove a personal injury case, a victim must prove four elements: duty of care, breach of duty, causation, and damages.
The common types of Personal Injury Cases in Boston include:
- Car Accidents
- Workplace Accidents
- Slip-and-Fall Incidents
- Medical Malpractice
- Product Liability Cases
Every variety involves its set of challenges and legal nuance, but what remains constant is the pursuit of justice to be served and fair compensation.
Mistakes to Avoid After a Personal Injury Accident
After a personal injury accident, there is a wide range of mistakes you must avoid to improve your chances of getting better compensation. Here are the top 10 common mistakes you ought to avoid:
Failure to Seek Immediate Medical Attention
Most people, after experiencing an accident, often downplay their injury, thinking it is minor or will heal. This can be one of the costliest mistakes. Delays in treatment place your health at risk and weaken your personal injury claim since insurers can argue that your injuries were not serious enough or unrelated to the accident.
Besides that, some injuries, such as internal trauma and whiplash, often do not immediately show symptoms but can surely worsen if left untreated. This always holds even when one feels well after an accident. Second, follow your doctor’s advice and create a record of treatments and expenses. Medical records will now be crucial evidence for the claim.
Not Preserving Evidence
The first priority in the building of a good personal injury case is evidence after an accident. In endeavouring to prove fault or show the extent of damages, most victims neglect to collect or secure crucial evidence that might affect their case. Photos from the scene, property damage, and your injuries are priceless. Witness statements, police reports, and video recordings from nearby surveillance cameras may also help prove your case.
Without prompt action, the crucial evidence will be lost as the accident scene is cleaned up and the memories fade. Act proactively, where you can take pictures, gather the contact information of any witnesses, and request a copy of any official reports. If you’re too incapacitated to do this, make sure to have someone in your trust do it on your behalf.
Admitting Fault or Apologizing
Apologizing may seem polite or natural after an accident, but it can have unintended legal consequences. Statements like “I’m sorry” or “It was my fault” may be interpreted as an admission of liability. Determining fault is a complex legal process that is based on evidence, and casual remarks can be used against you in negotiations or court proceedings.
Even if you may feel you share some blame, do not discuss any aspect of fault with the other party or anyone representing their side. Instead, relate the events as they occurred in factual terms and leave any determination of liability to investigators or your attorney.
Delaying Legal Action
Time is of the essence in personal injury cases. The longer you wait before taking legal action, the weaker your claim becomes. Evidence will disappear, witnesses disappear, and you may miss crucial deadlines. For example, personal injury claims in Boston have a three-year statute of limitations.
Failure to file within the three years typically results in the forfeiting of the right to seek further compensation. For this reason, it is important to seek the help of experienced lawyers, such as Boston personal injury lawyers, as soon as possible. The attorney can help with the collection of evidence, preparation, and submission of paperwork, and meeting all legal deadlines.
Accepting a Low Settlement Offer
Insurance companies will push for a quick, lowball settlement in hopes of avoiding large payouts. Having upfront money can be very tempting, especially if one is going through financial strain, but one can easily end up being grossly under-compensated. Once you accept a settlement, you will no longer have the right to seek further compensation if any unexpected expenses turn up.
The bottom line is that you must have a clear picture of the extent of your damages, including future medical expenses, lost income, and pain and suffering, before accepting a settlement. Consult with your attorney to discuss and/or negotiate any settlement offer in order to receive a fair settlement.
Failure to Retain an Attorney
Many personal injury victims believe they can handle their claims independently, only to discover that the legal process is far more complex than anticipated. Experienced personal injury lawyers bring much-needed knowledge and resources to your case. They will collect your evidence, negotiate with the insurance company, and go to court on your behalf if that is what it takes. On your own, you risk being taken advantage of by insurance adjusters trying to pay as little as possible. That is, retaining a lawyer at the outset of your matter protects your rights and allows your case to be professionally addressed.
Discussion of Accidents on Social Media
Social media has both positive and negative aspects in personal injury litigation. A natural desire to inform friends and family is understandable, yet communication about the accident or injuries can hurt your case. For instance, insurance carriers and defense attorneys can conduct surveillance via social media accounts for any evidence that can serve as a contradiction to your claims.
Perhaps a photo of you at a social event is used to argue that your injuries are not as severe as you have claimed. Avoid posting anything about the accident and your recovery until your case is resolved. Make sure all the profiles are set to private and significant consideration is given to anything being posted.
Not Reporting an Accident
Not reporting the accident to higher authorities tends to weaken your case. For instance, not filing a police report after a car accident or failing to report to your employer about an on-the-job injury creates one keyhole in the documentation. Official reports are neutral documents of the occurrence of an incident involving who and what took place. Without these reports, your claim may not have the credibility it requires to succeed. Always notify the accident immediately and request copies of any reports for your records.
Underestimating Future Damages
Most victims only consider immediate costs, such as doctors’ bills, not taking into consideration future damages. Possible future damages stemming from a grave injury include long-term care, rehabilitation, and lost earning capability. This can leave you strapped for finances later on. Estimate any future damages correctly with the help of relevant medical professionals and your attorney. A comprehensive claim covers present as well as future losses.
Trusting Insurance Companies Too Easily
Insurance carriers are not your friends. Their aim is to trim as much as possible from your claim so they can pay out the minimum amount or avoid paying at all, by hook or by crook. Adjusters will try to get you to make statements or accept a low-ball settlement before you know the full extent of your injuries. Settling based on their advice without consulting with your attorney could irreparably harm your case. Direct all communication with the insurance company through your lawyer, whereby you are fully assured that your interests are taken care of and that you get what you deserve.
Wrapping Up
Recovery from a personal injury accident is not just about healing but also about taking deliberate and strategic steps to protect your legal rights and financial stability. The mistakes a person could make, such as delayed treatment, improper collection and preservation of evidence, or premature settlement, may make all the difference between success and failure. Every decision you make following an accident has some contribution to the result in your case. Knowledge, proper documentation, and good advice from capable legal professionals will easily allow you to navigate the legal system with confidence.
