Common Mistakes to Avoid After Suffering a Personal Injury in Atlanta
Hoffspiegel Law Blog
Getting injured in any kind of accident is a stressful experience. In the aftermath of an accident, it is easy to say or do something that could significantly impact your ability to recover the compensation you deserve.
In this post, we have compiled a list of common mistakes we do not want you to fall into, based on our legal experience. Being cautious and avoiding these errors could give you the best chance of resolving your personal injury case quickly and with maximum compensation.
Admitting Fault
It is normal to experience a flood of emotions after an accident. If other people are angry or distressed, you may be tempted to defuse the situation by apologizing or admitting fault in other ways. While this is done with the best of intentions, it could come back to harm you later when you file a personal injury claim.
In a vehicle collision, when the police arrive, they will take statements that will form part of a police report. Insurance companies will also collect personal statements from everyone involved in the accident.
Insurance companies are looking to pay you as little as possible and deny your claim entirely if possible. So if the other party or witnesses state that you admitted fault for the accident, the insurance company could use this against you. Insurers will try to prove that you were 50 percent or more liable for your accident, which would prevent you from receiving compensation under Georgia state law 51-12-33.
After an accident, do not discuss who was liable or admit liability. Leave that discussion to the insurance adjusters and your personal injury lawyer.
Not Seeking Medical Attention
This second mistake may significantly impact your health, as well as your legal rights. After any accident, even a seemingly minor one, always seek medical attention as soon as possible. Adrenaline can mask the pain of serious injuries, and some conditions have no symptoms at first.
Safeguard your health
Doctors and other medical professionals are trained to spot the signs of serious conditions. They can begin treatment immediately. Depending on the nature and seriousness of your conditions, this could give you a better chance of making a full recovery.
Protect your legal rights
When you seek medical attention immediately after an accident, it may be easier for your personal injury attorney to link your injuries with your accident.
If you delay treatment, insurance companies may try to cast doubt on your injuries, claiming that you did not actually sustain them in your accident. Alternatively, they may claim that your injuries were not that serious in the first place.
The more time between your accident and a medical consultation, the easier it is for insurance companies to deny your personal injury claim.
One additional consideration is that you must demonstrate that you are committed to minimizing the impact of your injuries. When you seek medical help right away and follow through on any recommended treatments, you show that you are not trying to maximize your compensation by maximizing the impact of your injuries.
Leaving the Accident Scene Too Soon
In the shock of the moment, it could be easy to walk away from the accident scene without gathering any evidence. However, the more evidence you gather at the scene, the easier it may be for your personal injury attorney to build a strong case for fair compensation.
If you are well enough, spend a few moments taking photographs of the following:
- Accident scene, including close-ups and wide-angle shots
- Your injuries
- Property damage
Next, gather the information of anyone who witnessed the accident. There is no need to discuss what the witnesses saw and who they think was at fault for the accident. Just get their names and contact details; your personal injury lawyer can contact them later.
Finally, report your accident. If you were injured in a slip-and-fall accident, report the accident to the property owner or occupier. He or she is responsible for creating an incident report.
If you were in a car crash, call the police. They will create an official report that you can access later.
Talking to Insurance Companies Alone
It would be nice to think that insurance companies have our best interests at heart. After all, they are responsible for paying the compensation we need to rebuild our lives. Yet, like any business, insurers are focused on their bottom line.
Deciding to pursue an insurance claim alone could jeopardize your chances of securing fair compensation. The insurance company may try to get you to downplay your injuries without even realizing it. They may also make you feel obligated to provide statements you may regret later.
The much safer course is to tell the insurance company that you are hiring a personal injury attorney to present you. Your attorney can then handle all conversations with the insurance company. This eliminates the risk of saying something you later regret. You will have an advocate who is well-versed in personal injury law and knows how to counteract insurance company tactics.
Not Keeping Records
To receive fair compensation, you will need to keep accurate records of your medical treatment and other expenses.
Here are some documents that you must retain:
- Medical bills
- Treatment plans as evidence of ongoing care
- Prescriptions
- Work absence notes that prove lost earnings
- Personal journal, documenting your daily pain and suffering
Avoid this common mistake by getting organized. Get a simple folder and keep all documentation related to your accident in one place.
As soon as you come home from an appointment, put the documentation into the file. If you know how to do so, scan all your documents and store them on the cloud as a digital backup.
Hand this file over to your personal injury attorney, who may be able to use it to build a strong claim for fair compensation for your economic and non-economic losses.
Not Hiring a Personal Injury Lawyer
There is indeed a cost involved in hiring a personal injury lawyer. However, most attorneys work on a contingency fee basis. This means that you only pay if your lawyer wins your case – so you don’t pay out of pocket.
The benefits of hiring a lawyer generally far outweigh the costs.
Although every case is unique, you could experience the following benefits:
- Experience in personal injury law and knowledge of insurance company tactics
- Maximize compensation by identifying all possible damages
- Negotiation skills
- Trial experience
- Access to expert witnesses and other legal resources
- Higher settlement than if you go it alone
- Reduced stress and more focus on your recovery
The question is not whether you can afford to hire a personal injury attorney but whether you can afford not to. However, make sure you choose a legal representation with a track record of delivering outstanding results for personal injury clients.
Trust the Hoffspiegels With Your Atlanta Personal Injury Case
Trying to navigate the world of personal injury law and insurance companies alone is something accident victims should never have to do. You need a trusted advocate by your side, helping you avoid these common mistakes and pursue a fair settlement that will get your life back on track. If you have been injured in Atlanta and the surrounding areas, Hoffspiegel Law is a name you can trust.
At Hoffspiegel Law, we truly care about our clients’ best interests. Rather than taking large numbers of cases in pursuit of quick settlements, we only take on cases in which we believe we can truly make an impact.
In one personal injury case where our client had been injured in an apartment ceiling collapse, we turned an insurance offer of just $20,000 into a jury verdict of $1 million. Each case is different, but we will apply the same attention and tenacity to your case if we agree to take it on.
Find out today whether you have a case. Call [phone number] for a free consultation, or fill out our contact form, and we will call you back soon.
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