Car accidents can turn your life upside down in an instant. Between injuries, medical bills, vehicle repairs and lost income, the aftermath can be overwhelming. Filing a car accident claim is an important step toward recovering compensation for your losses. However, many accident victims unknowingly make mistakes that can weaken their claim or reduce the monetary compensation they receive.
Understanding what to avoid can make a significant difference in the outcome of your car accident case. Below are some of the most common mistakes people make when they file a car accident lawsuit.
Failing to Call the Police
Even if the accident seems minor, a police report can serve as a crucial piece of evidence in your claim. The report documents important details such as the location, time, parties involved and the officer’s observations. Without a police report, it may become more difficult to prove what happened, especially if the other driver changes his or her story later. Always report the accident and request a copy of the official report. Your car accident lawyer can also help you obtain this
report. But even without a police report, a case can often be made.
Not Seeking Immediate Medical Attention
Some people may delay medical treatment because they think their injuries are minor or they feel fine after the accident. However, certain injuries such as whiplash, internal injuries or concussions, may not show symptoms right away. Failing to seek medical attention quickly could potentially affect your case. Insurance companies may argue that your injuries were not serious or were unrelated to the accident. Getting medical care right away ensures that your
injuries are properly documented and treated.
Not Gathering Evidence in a Timely Manner
Strong evidence is essential for building a successful car accident claim. Unfortunately, many drivers leave the accident scene without collecting critical information including, but not limited to, photos, videos, contact information for witnesses, the other drivers’ insurance and driver’s license details, etc. This information can help establish what happened and support your version of events if the claim is disputed. Again, your car accident attorney can assist with gathering this critical information and evidence.
Giving a Recorded Statement to the Insurance Company Too Soon
Insurance companies often contact accident victims shortly after the crash and request a recorded statement. While this may seem routine, it can work against you. Adjusters may ask questions designed to minimise your claim or get you to say something that can be used later to challenge your injuries. You should speak with a car accident attorney first before giving a recorded statement so you understand your rights well. It is best to allow your attorney to speak to all insurance companies, even your own, instead of you.
Accepting the First Settlement Offer
Insurance companies are businesses, and their goal is to minimise payouts. As a result, the first settlement offer they make is often much lower than what your claim may actually be worth. Many accident victims accept early offers because they want to resolve the situation quickly. However, doing so may prevent you from recovering compensation for future medical bills, long-term treatment, lost wages or pain and suffering, etc. Before accepting any settlement, it is important to fully understand the full scope of your injuries and know the accurate value of your claim.
Not Consulting a Car Accident Attorney
Many accident victims attempt to handle their claims alone, especially when the insurance company initially appears cooperative. However, car accident cases can quickly become complicated, particularly when injuries are serious or liability is disputed.
A car accident attorney can help you:
- Investigate the accident
- Gather evidence
- Communicate with insurance companies, even your own
- Calculate the full value of your damages
- Negotiate a fair settlement or take the case to trial
Having experienced legal representation can significantly improve your chances of obtaining the compensation you rightfully deserve.
Contacting an Experienced Lawyer
Injured victims of negligent (careless) drivers, including those drivers’ passengers, can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalisation, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in car accidents can seek compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc.
If you or a loved one has been injured in a car accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
For over 54 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. We also recovered $1,500,000 for a lady who was hurt by a bus, although there was only a 1 million dollar insurance policy and we got $500,000 above that insurance policy.
We also obtained $295,000 out of a $300,000 insurance policy in compensation for the victim of a bicycle door accident (where a car door opens into the path of a bicyclist). One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases. Also, we got a $1,400,000 verdict in a motorcycle accident.
Please contact us TOLL FREE 24 hours a day,7 days a week at 1-800-WORK-4-YOU (l-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys fee unless we recover money for you. We can also help with personal injury, lead poisoning, paraplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
car accident, new york, personal injury attorneys