Common Mistakes Persons Make Who’ve Been Injured in an Accident

If you’ve been injured in an accident, there are several actions you should avoid to protect your health, well-being, and legal rights. Here are key things to refrain from doing:

1. Admitting Fault

  • Avoid: Refrain from admitting fault or making statements that could be interpreted as admitting liability for the accident. Fault is determined through investigation and evidence, not initial statements.
  • Why?: Admitting fault can impact your ability to seek compensation, especially if the accident was caused by another party’s negligence.

2. Discussing Details of the Accident Without Legal Advice

  • Avoid: Do not discuss the details of the accident with anyone other than your healthcare providers, insurance company (with caution), and your attorney.
  • Why?: Statements made to others, especially to the other party’s insurance company or representatives, can be used against you during negotiations or in court. Stick to factual information when discussing the accident.

3. Signing Documents Without Understanding

  • Avoid: Refrain from signing any documents or agreements related to the accident, insurance claims, or settlements without first consulting with a personal injury attorney.
  • Why?: Some documents may contain language that limits your rights or releases the other party from liability. An attorney can review and explain the implications of any documents before you sign.

4. Delaying Medical Treatment

  • Avoid: Do not delay seeking medical treatment or follow-up care for your injuries.
  • Why?: Prompt medical attention is crucial for your health and well-being. Delaying treatment could worsen your injuries and may weaken your claim for compensation if it appears you did not take your injuries seriously.

5. Posting on Social Media

  • Avoid: Avoid posting details or photos related to the accident, your injuries, or your activities on social media platforms.
  • Why?: Insurance companies and opposing parties may monitor your social media accounts to gather information that could be used to dispute your claim. It’s best to refrain from posting until your case is resolved.

6. Settling Without Legal Advice

  • Avoid: Do not agree to a settlement or sign a release of liability without consulting with a personal injury attorney.
  • Why?: Insurance companies may offer settlements quickly to minimize their liability. An attorney can assess whether the settlement offer is fair and adequate to cover your injuries, damages, and future expenses.

7. Ignoring Legal Deadlines

  • Avoid: Be aware of the statute of limitations for filing a personal injury lawsuit in your state (typically two years in California).
  • Why?: Failing to file within the statute of limitations could result in losing your right to seek compensation for your injuries altogether.

8. Engaging in Physical Activities Against Medical Advice

  • Avoid: Refrain from participating in physical activities or tasks that your healthcare provider has advised against due to your injuries.
  • Why?: Engaging in activities that exacerbate your injuries could prolong your recovery time and complicate your medical treatment, potentially impacting your claim for damages.

9. Accepting Blame or Apologies

  • Avoid: Do not accept blame or apologize for the accident, even out of politeness or concern.
  • Why?: Apologies or admissions of fault can be misconstrued as legal admissions of liability. Stick to factual information when discussing the accident.

10. Handling Legal Matters Alone

  • Avoid: Trying to navigate legal matters, insurance negotiations, or settlements without the guidance of a qualified personal injury attorney.
  • Why?: Personal injury law can be complex, and insurance companies may not have your best interests in mind. An attorney can protect your rights, negotiate on your behalf, and ensure you receive fair compensation for your injuries and losses.

By avoiding these actions and seeking timely advice from a personal injury attorney, you can protect your legal rights, strengthen your claim for compensation, and focus on your recovery after an accident.