Things That Hurt Your Car Accident Case Value?
After a car accident, there are several factors that can significantly reduce the value of your claim if not properly managed. From lack of medical treatment to failing to document your injuries and damages, these missteps can make it difficult for you to receive fair compensation. Here’s a closer look at common mistakes that can hurt your case and how to avoid them:
Lack of Medical Treatment: One of the most important aspects of any personal injury case is medical documentation. If you fail to seek medical attention immediately after the accident, insurance companies may argue that your injuries were not serious or that they were not caused by the accident. Inconsistent or delayed medical treatment can significantly lower the value of your claim, as the defense may use this to argue that your injuries were not as severe as you say. To avoid this, make sure you seek medical care right after the accident, even if you don’t feel the injuries right away. Sometimes, symptoms can take time to manifest. Continuing with follow-up care and following your doctor’s advice will help show that you’re actively seeking recovery and that your injuries are legitimate.
Gaps in Treatment: If there are gaps in your treatment—whether because you missed appointments or decided not to follow through with your doctor’s recommendations—the insurance company will seize on this as evidence that your injuries are not significant. A lack of consistency in medical care can hurt your credibility. If you delay seeking treatment or miss follow-up appointments, the insurance adjusters may claim that your injuries were not as serious or that you’re not committed to recovering. Make sure you attend all medical appointments, keep your healthcare providers informed about your progress, and avoid missing visits to avoid any gaps in your treatment.
Failure to Document Injuries, Pain, Suffering, and Lost Wages: Proper documentation is key to any personal injury case. If you fail to document your injuries, pain levels, and the impact on your daily life, it will be much harder to prove the full extent of your damages. Keep a journal of your pain and suffering, including how your injuries affect your ability to perform everyday tasks. Also, document lost wages and missed workdays to show how your injuries have impacted your financial situation. This is especially important when dealing with non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, which are more subjective and harder to quantify. The more specific and detailed your documentation, the stronger your case will be.
Not Taking Pictures of Property Damage: Often, people focus only on their injuries and overlook the importance of documenting the property damage, such as the damage to your vehicle. Pictures of the accident scene and vehicle damage are crucial in demonstrating the severity of the crash. The greater the damage to your vehicle, the more likely it is that the accident caused significant physical injuries. Insurance companies and juries will consider the damage to the car when determining the severity of your injuries. So, take as many photos as possible—before, during, and after any repairs—and be sure to include the scene of the accident, as well as any skid marks, debris, or other signs of impact.
Posting on Social Media: Social media is a double-edged sword when it comes to personal injury claims. While it can be a great way to stay in touch with friends and family, it can also be harmful to your case. Anything you post online—whether it’s photos, comments, or status updates—can be used against you by the insurance company or defense attorney. For example, if you post pictures of yourself engaging in activities that seem inconsistent with the severity of your injuries (such as playing sports or going hiking), the defense may use that as evidence that you’re not truly hurt. To avoid this, refrain from posting anything about the accident or your injuries on social media. Even if it seems like an innocent post, it can be used to undermine your case.
Not Getting a Police Report: While it’s not always required, obtaining a police report is one of the most important things you can do after an accident. A police report provides an official account of the accident, including who was at fault and any citations that were issued. Insurance companies rely heavily on these reports when determining liability. If you don’t get a police report, it can make it more difficult to prove that the other driver was at fault, especially if the other party contests liability. It’s always a good idea to call the police and have them document the scene. Even if it seems minor, having an official report can help protect your interests down the road.
Not Hiring an Attorney: Perhaps the most important mistake to avoid is not hiring an experienced personal injury attorney. Insurance companies are in the business of minimizing their payouts, and they often low-ball claimants who are unrepresented or inexperienced. If you don’t have an attorney, the insurance adjusters may undervalue your claim or even deny it outright. A skilled attorney knows how to properly value your case, handle negotiations with insurance companies, and ensure that you’re not taken advantage of. They can also help you navigate the legal complexities, gather necessary evidence, and build a strong case to maximize your settlement or secure a favorable verdict at trial.
By avoiding these mistakes and taking proactive steps to document your injuries, seek timely medical treatment, and work with an experienced attorney, you can help ensure that your car accident claim is valued appropriately. Taking care of these aspects early on can ultimately lead to a higher settlement.
