A car accident can happen in seconds, but the decisions you make afterward can affect your personal injury claim for months or even years.
After an accident, most people are focused on getting their vehicle repaired, receiving medical treatment, and getting back to normal life. Unfortunately, insurance companies may use certain decisions you make after an accident to question your injuries, dispute liability, or reduce the amount they are willing to pay.
If you’ve been injured in a car accident in Las Vegas, Henderson, or anywhere in Nevada, here are seven mistakes you should avoid.
- Waiting Too Long to Get Medical Treatment
One of the biggest mistakes accident victims make is delaying medical treatment.
Some injuries, including neck and back injuries, may not be immediately apparent after a collision. Adrenaline can temporarily mask pain, and symptoms sometimes develop or worsen over the following days.
When you wait to see a doctor, the insurance company may argue that your injuries were not caused by the accident or that they are not as serious as you claim.
What should you do?
Seek medical attention promptly when you have symptoms or suspect an injury. Be honest and thorough when describing your symptoms, and follow reasonable medical recommendations.
Your medical records can become important evidence connecting your injuries to the accident.
- Giving a Recorded Statement to the Other Driver’s Insurance Company
Shortly after an accident, the other driver’s insurance adjuster may contact you and ask for a recorded statement.
The adjuster may sound friendly and helpful. However, remember that the adjuster represents the insurance company—not you.
You may be asked questions about how the accident happened, your medical history, or how you are feeling. Even an innocent statement such as “I’m feeling better” can later be used to question the extent of your injuries.
What should you do?
You generally are not required to provide a voluntary recorded statement to the other driver’s liability insurance company. Before agreeing to one, consider speaking with a Nevada personal injury attorney.
Be aware that your own insurance policy may impose different cooperation requirements.
- Posting About Your Accident or Activities on Social Media
Social media can create unexpected problems for personal injury claims.
Insurance companies and defense attorneys may review publicly available social media posts when investigating injury claims. (A court may require production of your social media posts even if the setting is “private.”)
A picture of you smiling at a family gathering, taking a vacation, or participating in an activity may be presented without context to suggest that your injuries are less serious than you reported.
Even if you were in pain during the activity, the photograph may not tell the whole story.
What should you do?
Be cautious about posting information about your accident, injuries, treatment, or any physical activities while your claim is pending.
Do not delete or alter potentially relevant existing posts without first discussing preservation obligations with your attorney. A court may view deletion of existing posts as spoliation of evidence and use that against you.
- Stopping Medical Treatment Before You Have Recovered
After an accident, life gets busy. Between work, family responsibilities, and medical appointments, it can be tempting to stop treatment once you begin feeling a little better though not fully recovered.
Unfortunately, gaps in treatment can create problems for your personal injury claim.
The insurance company may argue that you stopped treating because you fully recovered, even when the real reason was scheduling difficulties, financial concerns, or frustration with the treatment process.
What should you do?
Follow your healthcare provider’s recommendations and communicate openly about your symptoms and progress.
If treatment becomes difficult because of cost, transportation, or scheduling, discuss those concerns with your medical provider and attorney rather than simply disappearing from treatment.
Your treatment decisions should be based on your medical needs, not on creating a personal injury claim.
- Accepting a Settlement Before Knowing the Full Extent of Your Injuries
An early settlement offer can be tempting, particularly when medical bills are arriving and you are missing work.
However, accepting an offer before understanding the extent of your injuries can be a costly mistake.
Some injuries require ongoing treatment, injections, surgery, or even future medical care. Others may result in permanent pain or limitations.
Once you sign a settlement release, you generally cannot return to the insurance company later and ask for additional compensation for injuries covered by that release.
What should you do?
Before settling your claim, make sure you understand your medical condition, reasonably anticipated future treatment, lost income, and other damages.
A settlement should account for more than just the medical bills you have received so far.
- Assuming the Insurance Company Will Automatically Treat You Fairly
Many accident victims believe that if the other driver was clearly at fault, the insurance company will simply pay what the claim is worth.
Unfortunately, the process is not always that simple.
Insurance companies may dispute the severity of your injuries, the necessity of medical treatment, the relationship between the accident and your symptoms, or the amount of compensation you deserve.
Even when liability is clear, the value of your injuries may remain disputed.
What should you do?
Keep copies of accident-related documents, medical records, correspondence, and expenses.
Do not assume that an insurance company’s settlement offer represents the full value of your claim.
An experienced Nevada personal injury attorney can evaluate the evidence, explain the damages you may be entitled to recover, and negotiate on your behalf.
- Hiring a Law Firm Without Knowing Who Will Actually Handle Your Case
Not all personal injury law firms operate the same way.
When you hire a law firm, you may assume that an attorney will personally handle your case, answer your questions, evaluate your medical records, and negotiate your settlement.
However, some personal injury firms rely heavily on case managers and other non-attorney staff to manage client files and communicate with clients.
Before hiring a personal injury attorney, ask who will actually be responsible for your case.
At Hammond & Hammond LLP, we do things differently.
We do not use case managers to handle our clients’ personal injury claims. Our attorneys personally handle the legal work on our cases.
We believe that personal injury clients deserve direct attorney involvement, clear communication, and individual attention throughout the claims process.
Protect Your Nevada Car Accident Claim from the Beginning
After a car accident, you cannot control everything that happens. You can, however, make informed decisions that help protect your rights. Contact us a Hammond & Hammond – we do things differently.