Even if you have a strong case following a road accident, your actions or inactions can negatively impact it. Unfortunately, most people pursuing a personal injury claim lack experience and may not know what to do or what to avoid.
This guide highlights common mistakes made by personal injury victims after an accident, offering valuable insights to help you avoid similar errors and protect the integrity of your case.
Not Getting Timely Medical Intervention
Injuries like concussions and whiplash often do not appear immediately, sometimes developing hours or even days after an accident. These injuries are common in accidents that cause little to no vehicle damage, making it easy to dismiss the incident and avoid seeking medical attention.
However, if symptoms develop later, the defendant may argue that your injuries are unrelated to the accident, forcing you to work harder to prove your case. To protect your claim, always call 911 after an accident. If you are not examined at the scene, visit an emergency room the same day or within 72 hours.
Not Calling the Police
Law requires drivers to report all accidents resulting in death, injury, or property damage of more than $1,000. For incidents that result in death, you must call 911 immediately.
While you do not have to report other incidents immediately, it’s still advisable to do it to create a definitive link between an accident and an injury.
“Ensure you report all accidents even where you do not feel like they meet the threshold for reporting. You never know what will come out of it, and your police report could act as the official record of the accident and make a big difference in the outcomes of your claim,” says personal injury lawyer William Umansky of The Umansky Law Firm Criminal Defense & Injury Lawyers.
Leaving the Accident Scene
You are not allowed to leave the scene of an accident that results in an injury or property damage, even when you are not at fault. If you do, you will violate hit-and-run laws, which could see you facing misdemeanor or felony charges based on the accident’s severity.
However, you can move your vehicle to the side of the road if it is in the way of traffic. There is also the question of liability. Leaving the scene makes defending yourself against liability in the accident pretty challenging.
Admitting Fault
Admitting fault could mean being liable for the accident and having to compensate the victims. Under modified comparative negligence, a victim has a right to compensation only if their level of fault is not more than 51 percent.
While it could seem obvious you were at fault, there is no way of knowing the other party’s contribution in an accident, so you may want to leave that determination to your personal injury lawyer and insurance adjusters.
Not Hiring a Lawyer
The opposing side won’t be happy if you hire a lawyer. They may even try to convince you not to, promising cooperation. But not hiring a lawyer is one of the biggest mistakes you can make. Without legal representation, you are likely to receive far less than you deserve.
Remember, insurance companies are businesses focused on protecting their own interests—not yours. That’s why you need someone looking out for your rights, and this is where a personal injury lawyer comes in.