Top 10 Things People do to Mess up their Injury Claim:
Not Having a Lawyer – Sometimes people think having a lawyer will be expensive or mean their case will be litigated. Not having an experienced injury lawyer will typically meant that you get less money in pocket for your injury claim. I work entirely on contingency fee, where attorneys fees are only paid out of a successful recovery. Your injury attorney’s number one job is to recover money for you, for your injury, wage loss, pain, and suffering. Having a lawyer usually means that your case is less likely to be litigated because it is less likely to have things happen that will cause the insurance carrier to evaluate the claim with skepticism or not pay parts of your claim. This is the single most important thing you can do after a car accident!
Don’t Call the Police – Call the police when you are involved in a car accident. If you are injured on private property, contact the owner or property manager to prepare an incident report. Obtain the other driver’s insurance information. This is the first step in having a claim that will not be a mess, or have issues regarding evidence or liability. Always call the police after you are involved in a car accident! (See my other blog for more information.)
Not Treating for Injuries – Not treating for injuries or Not Following Doctor Recommendations is another way that people mess up their case. When you are injured in a car accident, your injuries are not always immediately apparent. You should talk to an injury lawyer as soon as possible after a car accident. You and your doctor(s) make the decisions on your treatment, but you should listen to what your doctor recommends and treat for your injuries. The insurance carrier will review with skepticism the type of treatment that you receive, the duration of treatment, the frequency of treatment, and your medical records and bills. Be sure to consult with a medical provider and experienced injury lawyer right away after a car accident.
Waiting – There are various Statutes of Limitations that effect your injury claim. While typically the Statute of Limitations for Negligence is 2 years in Arizona, some Statutes of Limitations can be as short as 180 days!! Consult with a lawyer right away after a car accident to make sure that you don’t miss any statute of limitation and so that your claim doesn’t drag on without resolution!
Statements – Social Media – You may have heard “anything you say can be used against you.” This is especially true when you are injured in an auto accident. The insurance carrier will want to take your recorded statement and have you sign medical authorizations to gather evidence that can be used against you. Don’t do it!! Don’t post about your accident on social media and talk to a lawyer before talking with the insurance carriers!
Thinking Medical Care will be too Expensive – Many times people think medical care after an accident will be expensive. You can select medical providers with your attorney that will wait for payment until your case settles with no out of pocket cost to you.
Waiting to Seek Medical Care – The insurance carrier is going to look for any reason possible to pay you less for your injury claim. Waiting to see a doctor could cause the insurance carrier to pay you less. Don’t wait! If you have been injured in a car accident, don’t wait to get the care you need to get better.
Not Documenting or Saving information – Often people do not document their loss and that can cause problem for their claim. You should always call the police to have them do a report. You should take photos; particularly of the other driver’s vehicle. You should take photos of any visible injuries. You should consult with an experienced injury attorney right away to discuss what other evidence needs to be preserved or documented.
Not Following Doctor Recommendations – You and your doctor make the decisions regarding your care and treatment. Often people reduce or compromise their claim by not following the recommendations of the medical providers. If you are injured, you should consult with a medical provider and injury lawyer as soon as possible.
Overstating / Understating – Often times people tell an insurance carrier they are not injured because they think their injuries are minimal or they haven’t felt the full effects of their injuries. Talk to an injury lawyer before you speak to the insurance carrier! They may use anything that you give them against you or to lower their evaluation of your claim.
If you have been injured through the negligence of another, get the care you need as soon as possible and call an experienced injury lawyer. My number one job as your injury lawyer is to maximize your recovery and get you compensated for any wage loss and your pain and suffering.
