Mistakes that can hurt your personal injury case

While being involved in an accident is not something most people think about often, the reality is that accidents can and do happen, and they can result in serious and even life-threatening injuries. In many cases, accidents can happen by no fault of your own, but rather as a result of the negligence of another person or party. If you find yourself in a situation such as this, it’s important to know that you may be entitled to compensation for your injuries. But to receive the compensation you deserve, you first need to file a successful personal injury claim.

Sometimes the legal process can seem confusing and complex, and it’s not always easy to know exactly what to do immediately after an accident. To ensure you don’t make any missteps before or after filing your personal injury claim, our knowledgeable team at Harrison Pensa have compiled this list of common mistakes to avoid after being involved in an accident.

Deciding not to be evaluated by a physician

If you’ve managed to walk away with an injury and believe you have only sustained minor injuries, you may not think it necessary to be evaluated by a physician. This is a common decision made by many, but it may affect the success of your personal injury case if you later realize that you have sustained injuries from the incident.

You may think that resting an injury for several weeks to see if it gets better is the right thing to do but we always recommend that you have your injuries evaluated by a physician to determine if early treatment can help avoid longterm injuries and symptoms. Consulting with a physician early on also prevents the defendant’s insurance company in a potential lawsuit from arguing that because you did not initially complain of anything to anyone after the accident, your complaints are not serious, or your complaints are not connected to the accident.

Telling authorities that you are not injured at the scene of the accident

Being involved in an accident can be a frightening and traumatic event. With so much going on, it’s not uncommon for victims to experience a rush of adrenaline. When this happens, you might not realize the extent of your injuries, and you might even tell the authorities at the scene of the accident that you are fine and uninjured. Not realizing the extent of your injuries can be referred to as delayed injury symptoms , and it’s possible that victims may not notice injury until days, weeks or even months after the accident took place.

After a car accident you may not feel yourself or may feel shaken up or dazed but at the same time you may not feel any pain. In these cases, you should not simply express to authorities that you are uninjured merely because you are not feeling pain. If you are not feeling yourself. or not feeling well, you should say so whether or not you are in pain.

Alternatively, some accident victims feel only minor pain at the scene of an accident which may later increase after leaving the scene of the collision. In these cases, some victims will be asked if they are injured at the scene and will simply respond that they are fine because they are glad they were not more seriously injured. However, if you understate how you are feeling at the scene the authorities at the scene may document that response and you may not be believed later on if you then claim that your injury worsened and that you did have some pain at the scene of the accident.

When asked about your injuries, disclose all injuries and symptoms you are experiencing, no matter how small or insignificant they may seem at the time, and express that you’ll be seeking a medical evaluation from your physician.

Being active on social media

Being active on social media during a personal injury case can seriously impact the success of your case, even if your posts seem harmless and entirely unrelated to your injuries. This is because defense lawyers and insurance companies have the ability to search for evidence on your social media pages to use against you. Even items posted under privacy settings online can be ordered disclosed by a court.

If you’re involved in a personal injury case, it’s always best to steer clear of social media until after your case has been closed.

Waiting too long to contact a personal injury lawyer

This may not be something the average person thinks about, but the reality is that you could lose your right to compensation if you wait too long to file a personal injury claim.

For most cases, you have two years to file a personal injury claim. However, there are other cases with much shorter time limits that must be met to allow a lawsuit. For example, in claims against municipalities you may have to give notice of your claim within 10 days of the date the accident occurred. Because of these limitation periods, it’s always best to contact a personal injury lawyer as soon as possible after an accident occurs.