After a car accident or other personal injury incident, the actions you take can significantly impact your ability to file a successful claim and recover fair compensation. Unfortunately, many people unknowingly make mistakes in the aftermath of an accident that can harm their case. In this blog, we’ll explore the most common mistakes people make after an accident and how to avoid them to protect your rights.

Delaying Medical Treatment

One of the most critical mistakes accident victims make is delaying medical treatment. Even if you feel fine immediately after an accident, you should seek medical attention as soon as possible. Some injuries, such as whiplash, concussions, or internal injuries, may not present symptoms until days or weeks later. By delaying treatment, you not only risk worsening your injuries but also weaken your claim. Insurance companies often argue that a delay in seeking care indicates that your injuries were not serious or were unrelated to the accident.

To avoid this mistake, visit a doctor, urgent care facility, or emergency room immediately following the accident. Ensure that all injuries are documented thoroughly, and follow up with any recommended treatments or specialists. Keeping a detailed record of your medical visits, treatments, and symptoms will strengthen your case and establish a clear link between the accident and your injuries.

Speaking to the Wrong Parties

After an accident, you may be contacted by insurance adjusters, opposing attorneys, or other parties involved in the case. Speaking to these individuals without legal representation can be a costly mistake. Insurance adjusters, in particular, may seem helpful and sympathetic, but their primary goal is to minimize the amount their company pays out. They may use anything you say against you, even casual remarks or statements made in passing.

To protect your claim, avoid giving recorded statements or signing any documents without consulting your attorney. If you are contacted by the opposing party’s insurance company, politely decline to discuss the details of the accident and refer them to your attorney. Letting your lawyer handle all communications ensures that your rights are protected and that nothing you say can be misconstrued or used to devalue your claim.

Failing to Document the Accident Scene

Proper documentation of the accident scene is essential for building a strong personal injury case. Unfortunately, many people neglect to gather crucial evidence immediately following the incident. This can include photos of the vehicles involved, the surrounding area, skid marks, traffic signs, and weather conditions. Witness statements and contact information are also invaluable but are often overlooked in the chaos of the moment.

To avoid this mistake, take the time to document the scene thoroughly if it is safe to do so. Use your smartphone to take pictures or record videos of the accident and your injuries. Collect contact information from witnesses and write down your own account of what happened while the details are still fresh in your memory. This evidence can be critical in proving liability and supporting your version of events.

Posting on Social Media

In today’s digital age, it’s natural to share life events on social media. However, posting about your accident, injuries, or recovery can severely harm your personal injury claim. Insurance companies and opposing attorneys often monitor claimants’ social media accounts for evidence to use against them. Even innocent posts, such as a picture of you smiling or engaging in light activities, can be taken out of context and used to argue that your injuries are not as severe as claimed.

To protect your case, avoid posting anything related to the accident or your recovery on social media. This includes photos, status updates, or comments about your physical or emotional state. Additionally, adjust your privacy settings to limit who can view your posts and be cautious about accepting new friend requests during the claims process.

Admitting Fault

In the immediate aftermath of an accident, emotions often run high, and it’s common for people to apologize or admit fault out of politeness or shock. However, admitting fault, even partially, can significantly impact your ability to recover compensation. New York follows a comparative negligence rule, meaning your compensation may be reduced by your percentage of fault. Any admission you make can be used against you during negotiations or in court.

Instead of speculating about who was at fault, focus on gathering evidence and providing factual statements to the police and your attorney. Let the investigation determine liability. Your attorney will work to ensure that any accusations of fault are supported by evidence and handled appropriately.

Ignoring Legal Deadlines

Personal injury claims are subject to strict deadlines, known as statutes of limitations. In New York, you typically have three years from the date of the accident to file a personal injury lawsuit. However, certain types of claims, such as those against government entities, may have much shorter deadlines. Missing these deadlines can result in the loss of your right to pursue compensation.

To avoid this mistake, consult an attorney as soon as possible after your accident. Your lawyer will ensure that all necessary paperwork is filed on time and that you meet all applicable deadlines.

Settling Too Quickly

Insurance companies often offer quick settlements to accident victims, especially if they believe the claim could become costly. While it may be tempting to accept a settlement and move on, doing so without understanding the full extent of your injuries and losses can result in inadequate compensation. Once you accept a settlement, you forfeit your right to pursue additional compensation, even if new injuries or expenses arise.

Before accepting any settlement offer, consult your attorney. They can evaluate the offer, calculate the true value of your claim, and negotiate for a fair settlement that fully covers your medical expenses, lost wages, and other damages.

Not Hiring an Attorney

Attempting to handle a personal injury claim without legal representation is one of the biggest mistakes accident victims make. The claims process can be complex, involving negotiations with insurance companies, gathering evidence, and understanding legal procedures. Without an attorney, you may struggle to navigate these challenges and risk receiving less compensation than you deserve.

An experienced personal injury attorney can handle every aspect of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court. They will ensure that your rights are protected and that you receive the maximum compensation possible.

Skipping Follow-Up Medical Care

Attending your initial medical evaluation is important, but failing to follow through with prescribed treatments or follow-up appointments can harm your claim. Gaps in treatment may lead insurers to argue that your injuries are not as serious as claimed or that you are not taking your recovery seriously.

Conclusion