Accident victims routinely make mistakes while filing lawsuits, inadvertently reducing their personal injury settlements. Hiring the wrong personal injury lawyer in New York is one of the more common examples.
This is just one of the many missteps you might take in the aftermath of a car crash, a slip-and-fall accident, or another incident involving accidental injuries. It could affect how much compensation you collect when filing a case.
Learn more about the other common mistakes you might make below and aim to avoid them.
Failing To Notify the Proper Authorities
Following an auto, motorcycle, bus, Uber or Lyft, or other motor vehicle accident, the first thing you should do is call 911. An operator will send police officers and possibly paramedics to the scene.
Police officers will investigate your accident from every angle. They will inspect the scene and speak with those involved in your crash. They will also seek statements from witnesses who may have seen your crash occur.
These officers will then assemble a police report, which will play a key role in determining liability in your crash.
If you don’t notify the police about your incident in the first place, this could hinder your ability to file a legal claim later. You might also hurt your chances of filing a successful lawsuit following a slip-and-fall or construction accident if you fail to alert the proper authorities and cannot secure an incident report.
Neglecting To Seek Medical Attention
Almost 25 million Americans visit doctor’s offices and hospitals annually to treat accidental injuries. Many people don’t think twice about seeking medical attention after sustaining injuries.
However, some people dismiss their potential seriousness and decide not to seek medical treatment. If you choose to take this approach to dealing with injuries, it could pose problems when taking legal action.
If you put off medical attention or, worse, if you don’t seek medical attention at all, you might struggle to prove a connection between an accident and your injuries. Opposing lawyers might argue there is no way to confirm these injuries stem from an accident, limiting your ability to recover damages during personal injury settlement negotiations.
Choosing Not To Follow a Doctor’s Orders
In addition to seeking the proper medical care following an accident, you should listen carefully to a doctor’s instructions regarding your recovery. They may, for example, say you must wear a brace on your neck for a week after a car crash or request that you spend a few weeks rehabilitating a sprained ankle caused by a slip and fall.
If you don’t take their medical advice to heart, it could come back to bite you. You could prevent injuries from healing properly or even make them worse. If you file a lawsuit against the at-fault party in your case, this won’t bode well for its outcome.
Forgetting To Document an Accident Scene
Many accident scenes are cleaned up within just hours. For this reason, you shouldn’t hesitate to document the scene of your accident as quickly as possible after it takes place.
Thankfully, it has never been easier to do this. Just use your smartphone to take photographs and videos immediately. They could paint a much clearer picture of what happened and highlight who was ultimately responsible for your accident. If it is a motor vehicle accident involving a truck, take photos of the front and rear license plates as well as all sides of the truck for identification.
If you forget this step, there won’t be any way to document the scene later. You will miss a golden opportunity to gather essential evidence and strengthen your legal case.
Admitting Fault to the Police, an Insurance Adjuster, Etc.
After an accident, you will have the chance to tell your side of the story. Police officers, auto insurance adjusters, attorneys, and others will all want you to walk them through what happened from your perspective.
As you explain what occurred, avoid admitting fault. This mistake could impact everything from your insurance payout to the settlement negotiation process.
Deciding Not To Schedule a Legal Consultation
Working your way through the aftermath of an accident is often confusing. You may not know what to say — and, perhaps more importantly, what not to say — when speaking with police officers, insurance adjusters, and others.
This explains the importance of scheduling a legal consultation with an attorney. More than 150,000 personal injury lawyers operate throughout the U.S., with many offering free consultations to prospective clients.
Speak with one about your case. Failing to do so is a mistake in and of itself and could lead to you making more mistakes since you won’t have a trusted attorney to provide legal guidance.
Call Us To Ensure You Take the Correct Approach When Filing a Lawsuit
Filing a lawsuit is an effective way to recover damages and cover medical costs and other accident expenses. However, you must avoid making critical mistakes that could compromise your ability to collect fair compensation during personal injury settlement negotiations.
Elliot Ifraimoff & Associates, PC, is here to help simplify the process of filing personal injury claims. If you need assistance with a case, contact us at (718) 205-1010 today.
FAQs
Find answers to commonly asked questions about personal injury settlements below.
How Long Do I Have To Negotiate a Personal Injury Settlement?
You may spend as much time as you would like negotiating a personal injury settlement. You may start the negotiation process soon after filing a lawsuit and continue until a trial ends if your case makes it that far.
How Can I Maximize a Personal Injury Claim?
You can maximize a personal injury claim by avoiding each of the mistakes listed here. Accomplish this goal by securing a police or incident report, seeking immediate medical attention, and gathering as much evidence as possible related to your case.
Is Hiring a Personal Injury Lawyer in New York Worth It?
Hiring a personal injury lawyer in New York is typically worth it. Even though many NY attorneys charge contingency fees of about 33%, they earn them by handling everything from negotiating personal injury settlements to taking cases to trial and seeking judgments.