5 common mistakes by people after a car accident / 5 Errores comunes por personas después de un accidente automovilístico
1. Failing to get medical treatment as soon as symptoms are noticed. People often wait a few weeks hoping that their symptoms will resolve. All that means is that the insurance company lawyers will claim that the injury couldn’t have happened in the car accident because you didn’t see a doctor for weeks or a month later. Whether you think the condition will go away or not, you must make someone aware that you are experiencing pain. Go to your doctor for a checkup…if it is an emergency, go to the ER. Do not wait for weeks or months.
2. Exaggerating or understating your pain. When you see a doctor do not claim your pain is a 9 or 10 on a scale of 0 to 10 (horrible pain). A pain level of 9 or 10 means you should be on the ground screaming! If it hurts to move or bend or sneeze then your pain is likely a 6 or 7. If you have shooting pain then maybe it’s an 8. But do not say it’s a 9 or 10 unless you’re in need on immediate hospitalization. If you start down that path then the reality is that doctors, lawyers (and most importantly, jurors) simply won’t believe you. Likewise, if your pain is impacting every aspect of your life then it’s not a 1 or 2. If you can’t sleep, can’t have sex, can’t do laundry or work or activities of everyday life then your pain is more than a 1 or 2.
3. Giving a recorded statement. Think about it…why would an insurance company want a recorded statement? They have the police report. They know the essentials of the accident. They want a recorded statement because they want to know whether they have a basis for denying the claim. There is no other reason. They will look for a reason to deny your case. They will ask questions about how fast you were going; why you didn’t stop in time…why you stopped too soon…why you didn’t take another route…where was your cell phone…what medications you take? Anything which gives them an excuse for not paying the claim.
4. Facebook! For the love of God, stay off Facebook or Instagram or all other social media. The insurance company’s lawyers will find a way to look at your media accounts. They will see you at your nephew’s birthday party, or at the pool or at the beach…they will see you smiling and laughing. What they won’t see is that you smiled for the picture, but left an hour early because of the pain in your back or knee. They won’t see that you were miserable the entire time. Instead, they will hammer you with pictures of the vacation (for which you pre-paid) and claim that you couldn’t be injured. Just stay off it!
5. Waiting to seek legal counsel. Even if you don’t hire us, please talk to an attorney right away. It costs you nothing. A good lawyer will guide you through the whole process. They will help you get medical care, make certain all your bills are paid, make certain all the liens are covered and get you the full amount to which your entitled. But, they can’t undo the mistakes you made before hiring a lawyer. You will almost certainly get more in your pocket if you have the right counsel, right away.
If you need help or want more information then call Short and Daugherty, Trial Lawyers at 618-254-0055.