Though it is far from anyone’s intent to do so, car accident victims can (and often do) harm their compensation claims by making any number of common mistakes after their crash. Ultimately, learning about these mistakes and how to avoid them, followed by seeking representation from experienced car accident attorneys, is what makes for a successful compensation case.
With that in mind, the following are a handful of the most common mistakes made by car crash victims:
Failing to Seek Prompt Medical Care
Receiving or accepting prompt medical care is crucial not only to your recovery after an accident but also to your case for compensation. Failing to undergo medical evaluation and treatment immediately after being harmed can lead to injury exacerbation and long-term (if not permanent) health problems.
Furthermore, allowing yourself to be treated gives you the documentation your car accident attorney will need to win your case. Without a promptly generated medical record of your injuries, they will become suspect. An insurance company could, therefore, argue that your injuries could have occurred after the accident or even that you exacerbated them yourself by not seeking immediate care.
Not Documenting the Accident Scene
An untouched car accident scene presents the best opportunity to gather evidence for your compensation case. The most effective proof you can gather as a victim is anything that documents the scene in some fashion. Although snapping photos may be the last thing you want to (or can) do after experiencing a car accident, it can greatly help your case if you are in a position to do so.
Targets of your photographic efforts should include the following:
- The accident scene from different angles and distances
- The vehicles involved, also from different angles
- The characteristics and condition of the road
- Traffic signs and signals
- Drivers, passengers, and witnesses
- Your injuries
Should you choose to record video, you should consider adding your commentary to accompany the images you capture.
Failing to Collect Witness Statements
Witness statements taken at the time of a car accident are the most believable and typically the most reliable as well. Testimony degrades over time in most cases. It can even change. Witnesses are known to create false memories as time marches on from an accident. Failing to capture witness statements at the crash site scene can lead to serious credibility issues down the line.
Apologizing or Admitting Error or Fault
Indeed, the words you use after a car accident can (and likely will) be used against you. Even a simple apology can be used to damage your case, as that statement could be used as evidence (or admission) of fault, even if the other driver was totally at fault.
As a general rule, you should never apologize or make any statement that can be taken as an acknowledgment of guilt. Even if you feel compelled to apologize, which many do, you should refrain from doing so to protect your case.
Losing Witness Contact Info
In some car accident compensation cases, witness testimony is a crucial, if not the most influential, piece of evidence victims need to gather. However, without a witness’s contact info, it becomes challenging or impossible to track them down.
In today’s world, contact information can be easily obtained without serious privacy concerns. Simply ask for the witness’s name, cell phone number, and email address. Most, if not all, should have no problem providing that information.
Delaying Meeting With an Attorney
Consulting with an attorney early on is always strongly recommended in compensation cases. For those who delay, their cases often become more challenging as time goes on. In particular, evidence issues creep up, making it more difficult to build a strong case. Seeking counsel promptly puts time on your side and allows your auto accident attorney to get to work on your case immediately.
Overlooking the Long-Term Effects of Injuries
Many injuries can have long-term effects that negatively impact a victim’s future, both personally and financially. However, many injury victims are not aware that they may be struggling with an injury long into the future. And as a result, they may not pursue or know to seek damages to cover their future losses.
Negative impacts caused by long-term medical effects include things such as:
- Medical bills
- Prescription medication costs
- Lost income
- Pain and suffering
If you have suffered an injury in a car accident, it is always important to think about the future and how your injury might affect it. As an accident victim, you’ll want to claim compensation that not only covers your present losses but any of your future ones as well. At Ramsey Law Group, our experienced car accident lawyers will fight to ensure that your future is secured.
FAQ
How Long Do I Have to File a Car Accident Claim?
Texas has a statute of limitations of two years from the day an accident occurs to file a lawsuit pertaining to it. Failure to file within the two-year deadline results in a loss of the right to compensation. Minors who are injured in a car accident, however, typically have two years from their 18th birthday to take legal action.
Can I Afford Your Car Accident Lawyers?
Victims pay nothing out of pocket for the services of car accident attorneys. Your attorney will receive their fee from the compensation you are awarded. If your attorney fails to recover compensation on your behalf, you owe them nothing.
What if I Was Partially At Fault for My Injuries?
If you were partially at fault for your injuries, you may still be entitled to compensation. Texas follows a modified comparative negligence rule, which allows victims to pursue damages if they are found to be 50% at fault or less.
Protect Your Future Claim to Compensation
After a car accident, victims can protect the compensation funds they are entitled to by following the above-detailed steps. In every case, contacting an experienced attorney, like one of the car accident attorneys at Ramsey Law Group, is the most optimal course of action. Call our office today for a free consultation and case review.