Filing a personal injury (PI) claim following an accident is often a complex procedure. The actions a victim takes—or does not take—throughout the case can affect the outcome.
Numerous individuals unwittingly commit errors that undermine their claim, lower their compensation, or even result in their case being dismissed. Knowing what not to do throughout a PI case can prevent accident victims from suffering avoidable setbacks. It always helps to consult a personal injury lawyer in your area for assistance on the claims process.
Here is a list of things an accident victim shouldn’t do when a case is in progress.
1. Don’t Speak to the Insurance Company Without Legal Assistance
Insurance adjusters usually reach out to victims shortly after an accident has occurred. They appear to be helpful but are more concerned with keeping payouts to a minimum. Adjusters will have the victim make statements or sign documentation that can subsequently be used to prove fault.
This information might give rise to misunderstanding or inadvertent admissions of liability.
2. Don’t Post About the Accident on Social Media
Life updates are a common thing people post on social media, but an update regarding a pending personal injury case may prove to be an expensive slip-up.
Insurers and opposition lawyers will peruse social media sites in search of information to discredit the claims of the victim. Even a harmless photo of a night out or holiday could be interpreted as evidence that injuries are not as severe as claimed.
3. Don’t Miss Medical Appointments
Medical records are central to injury claims. In case a victim misses appointments at the doctor’s office or quits treatment midway, the insurance provider can claim that the injuries are not as severe.
Adhering to a treatment plan and sticking to the doctor’s prescribed treatment indicates the actual extent of the accident and increases the strength of the claim.
4. Don’t Accept an Early Settlement Without Seeking Legal Advice
Insurance firms tend to make quick offers to settle cases. The initial offers may not include long-term medical expenses, rehabilitation, lost income, or future complications.
Once a settlement is agreed upon, the victim cannot pursue further compensation. Meeting with a personal injury attorney guarantees that any settlement offer is reasonable and sufficient.
5. Do Not Discuss the Case with Others
Talking about a case with friends, colleagues, or relatives can be detrimental. Any information about the accident, injuries, or trial could be used against the victim when it comes time for trial. There should be almost no communication between the victim of a crash and their lawyer.
6. Refrain from Misrepresenting Injuries
Honesty is always essential in a personal injury case. Exaggeration of symptoms or injuries can turn against them if medical reports or videotapes refute their claims.
Likewise, downplaying injuries to get back to work quickly can derail the case and lower the compensation. The victims must always report their physical and emotional status truthfully.
Conclusion
A successful personal injury case requires attention to detail to the technicalities of both legal and medical aspects. This helps prevent a few frustrating mistakes that would ordinarily stand between the victim and their rightful claim of compensation. Following medical rules, avoiding social media, and giving proper attention to the attorney can increase the chances of victory.