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These are at least six mistakes commonly made by car
accident victims:
Mistake 1. After an accident most people call the local police or highway
patrol. Invariably you will be asked if you are injured. If it is not a
severe injury you will likely say that you are not injured. If you say
you are not injured, then there is a good chance no one will come to the
accident scene.
When the highway patrol or police officer does come to the accident scene
they will ask if you are injured. Once again if it is not a severe injury
and the law enforcement officer gets to the accident scene quickly, you
will more likely than not say no. The reason is that most car accident
injuries are whiplash injuries, or soft tissue injuries which generally
do not appear until sever hours after the fact.
The problem with this type of response is that you don't know. The best
approach is to say that you do not know, but that you will go see your
doctor. If you say no, the law enforcement officer will record your
answer and insurance adjusters will use this against you, and if the case
goes to trial the insurance company's attorney will use it against you as
well.
The fact is that you don't know, because no medical professional has
examined you and in the vast majority of soft tissue injury cases you
will not know if you are injured until several hours later after the
fact. Once you go home and relax you will start feeling pain and
tightening of your neck and the following day you may extreme difficulty
getting up because of the soreness and pain throughout your body. So, if
you are involved in an accident and you are asked if you are injured the
answer is you don't know, but you will go see a doctor to get checked
out. Give yourself at least 24 hours to find out.
Mistake No. 2. Failure to mitigate your damages. What this means is that
if you suffer an accident, you are not suppose to wait around and do
nothing. If you suffer an accident and know you are injured or have
reason to believe you are injured, go see a medical doctor right away. If
you like chiropractors better than medical doctors, go see the medical
doctor first, then see a chiropractor. The reason is that insurance
companies use computer software to evaluate claims and failure to act on
your injury and take precautions to minimize your pain will reduce the
value of the case according to the computer software.
Another problem with failure to act quickly is that if you take too long
and the case goes to trial, a jury may believe the injuries were caused
by something else. If you take three months to undergo medical treatment,
who is to know what caused the injuries you complained off. If you take
three days to seek medical treatment, it is more likely than not
reasonable. The same software also allocates great value if you first see
a medical doctor instead of a chiropractor.
Failure to mitigate damages pertains to all your damages, which also
includes damage to your property, and lost earnings. If your car is
damaged and inoperable you need to move to a safe location, you cannot
leave it abandoned where it may be towed and impounded. If you cannot
return to your full duties at work or on a full time basis, you must look
to returning as soon as possible or on a limited basis. You must also
have a doctor's order stating you need to refrain from your work
activities, and your doctor must specify the number of days you are
required to take off.
Mistake No. 3. Trusting the insurance adjuster. Many insurance adjusters
mislead accident victims into believing they are going to help. I have
had clients come to me three months after the fact, stating they were
waiting for the insurance company of the tortfeasor to send them to a
doctor. It is not going to happen. Insurance adjusters have a job and
that job is to fulfill their duties according the terms of on the
insurance policy at absolute minimum cost. Insurance companies are in the
business of making money. They are not charities, or good guys, or
neighbors helping neighbors, they are concerned with one thing and one
thing only -profits. If you suffered an injury call an attorney right
away. Not every case merits representation, but speaking with an attorney
is often the best thing you can do to help yourself.
Mistake No. 4. Not following your attorney's advice or your doctor's
advice. Your attorney and your doctor have an interest in protecting you,
because it is their job. Remember, you pay them for their expertise, not
every case is a million dollar case and not every ailment is related to
the accident and not every ailment requires extensive treatment.
Mistake No. 5. Lying. Sometimes personal injury claimants think they can
obtain a better result by lying. They exaggerate their injuries and their
symptoms. What they don not know is that personal injury attorneys and
medical doctors know when the claimant is lying. Often an MRI is done to
see if the alleged severe low back injury is real. The MRI is very
expensive, but accurate which often results in a loss for the claimant,
because the procedure was not necessary. Sometimes claimants claimed
preexisting medical problems on the accident, but an examination of the
medical history shows there is no new injury. More often than not lying
backfires and it is discovered, which results in complete loss of
credibility for the claimant.
Mistake No. 6. Permitting an insurance adjuster to take your declaration
and record it. If an insurance adjuster calls you and asks to take your
declaration, it is for the purpose of denying your claim. It is not for
the purpose of helping you. They are hoping you will make an error.
Sometimes they will call you within hours after the accident, because in
a soft tissue injury they know you will not be hurting for several hours.
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