5 Critical Mistakes People Make When Filing Car Accident Injury Claims

The shock and trauma of a car accident are overwhelming, and it can be hard to think straight in the days afterward. However, how you handle the legal process that follows the crash can significantly impact the compensation you may receive. 

Fortunately, our experienced car injury claim lawyers have saved more than a few clients from making mistakes in car accident claims that would have made it harder to recover—and we want to do the same for you.

Mistake #1: Failing to Get Medical Attention Immediately

Always get a professional medical evaluation as soon as possible, even if you feel all right after the crash. Here’s why this is so important:

• Delayed diagnosis. Some injuries, such as whiplash, concussions, and soft tissue damage, may not show immediate symptoms. Failing to see a doctor could result in undiagnosed injuries, which might worsen over time. 
• Hurts your credibility. A delay in medical treatment can weaken your case in a car injury claim. The opposing party may argue that your injuries were not serious if you didn’t seek immediate care or that your injury happened after the accident date. Immediately seeing a doctor helps establish a clear connection between the accident and your injuries.
• Legal implications. Medical records are often crucial evidence in personal injury cases. If there’s a gap between the time of the accident and your first doctor’s visit, it can create doubt about whether your injuries were caused by the accident. The insurance company or other party may claim that your injuries were pre-existing.

Mistake #2: Not Documenting the Accident Thoroughly

Thoroughly documenting all aspects of the accident gives your lawyer a much stronger foundation to work with when pursuing your claim. Here are key elements of your file you should never overlook:

• Photographs. Take photos of the crash scene, damaged vehicles, injuries, and any other relevant details. Pictures can serve as crucial evidence and may help prove fault and the extent of the damage.
• Police report. Always file a police report, even if the accident seems minor. A police report serves as your official record of the incident and can help clarify the facts and establish who is at fault.
• Witness statements. If there were witnesses to the crash, get their contact information and ask them for a statement. Witnesses can corroborate your story, which strengthens your claim.
• Medical documentation. Keep detailed records of your ongoing medical treatment, prescriptions, and therapy sessions. These documents will be essential in showing the extent of your injuries and the cost of your recovery.

Mistake #3: Talking to the Insurance Company Without Legal Representation

Talking to insurance adjusters without a lawyer could cost you significantly. Insurance companies are only concerned about their profits, not your best interests.
Here’s why you should have a lawyer represent you when dealing with the insurance company:

• Power plays. Insurance adjusters are trained to settle quickly and for as little as possible. They may use subtle pressure tactics or downplay the severity of your injuries to close the case fast.
• Understanding company tactics. Avoiding insurance claim pitfalls is part of a personal injury attorney’s job. They can ensure you don’t say anything that could harm your case or agree to give a recorded statement while you’re still recovering.
• Negotiating skill. An experienced car injury claim lawyer negotiates with the insurance company on your behalf, ensuring you are not taken advantage of and receive all the compensation you are entitled to.

Mistake #4: Accepting a Settlement Too Quickly

Insurance companies often offer a settlement shortly after the accident, but this offer is rarely in your best interest. Here’s why accepting an early settlement offer can be detrimental:

• Underestimating long-term costs. When you first receive an offer, you might not fully comprehend the long-term impact of your injuries. The initial settlement might not adequately cover medical expenses, future treatments, and lost wages.
• Miscalculating permanent injuries. If your injuries are long-term or permanent, an early settlement might not account for your future pain and suffering or the need for continuing medical care. Your attorney will help you assess whether the offer is fair and truly compensates you for all the damages you’ve suffered.
• Losing your right to more compensation. Insurance companies often push for a speedy settlement, hoping you’ll accept the first offer out of desperation or fatigue. Unfortunately, you don’t get a second chance to collect more compensation once you accept a settlement.

Mistake #5: Failing to Hire an Experienced Car Injury Claim Lawyer

Many people begin handling their claims on their own before hiring a car injury attorney. The truth is that the sooner you speak to a local car accident injury attorney, the better your odds of getting a favorable outcome in your case due to:

• Expert knowledge. Personal injury law, especially car accident cases, requires specialized knowledge and expertise. A lawyer with a focus on car accident claims and knowledge of the type of injury you have sustained will understand how to position your case.
• Familiarity with local laws. Each state has its own laws about personal injury claims. An experienced lawyer will be familiar with the laws in your area and can ensure your case is handled appropriately.
• Maximizing car accident compensation. An experienced lawyer will have a better idea of how much your claim is worth and how to ensure you receive fair payment for your losses.

Contact Us for Car Accident Legal Advice

To avoid critical mistakes that could jeopardize your chances of getting the compensation you deserve, it’s essential to follow the right steps. Contact Chain | Cohn | Clark for a no-obligation, free case review with a knowledgeable car injury claim lawyer.