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A lawyer working with the words, actions that could hurt your personal injury claim.

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When you have been injured in an accident, such as a car accident, due to the negligence of another party, you may be entitled to monetary compensation for damages and medical expenses. Police reports, pictures, and medical records can support your personal injury case. Along with an experienced attorney, these pieces can come together to ensure that you get the compensation you deserve. Unfortunately, the injured party may unknowingly perform actions that could potentially harm their chances to receive fair compensation.

The Hernandez Law Group, P.C. is dedicated to ensuring that our community knows their rights when it comes to personal injury law. We understand that serious accidents can have detrimental impacts on one’s life. If another party was responsible for an accident, the injured party shouldn’t be the one responsible for picking up the pieces. To better serve our community, our expert personal injury attorneys have crafted this article to bring awareness to potential pitfalls that could harm your claim. Here is what you need to know:

Dallas Personal Injury Claims

A personal injury lawsuit is designed to ensure that victims of an accident caused by another’s negligence get fair compensation to cover medical expenses and other damages. For the injured party to get compensation, they have to prove to a court that the liable party was negligent in their actions and that negligence is what led to the accident that caused their injuries. To prove negligence, the plaintiff must be able to prove the following:

  • The defendant had a duty of care to the injured party
  • The defendant breached their duty
  • The breach was the cause of the injuries
  • What damages are owed by the defendant

Proving all four elements of negligence is challenging in its own right. However, even when there is ample evidence to show that the defendant was indeed responsible for the accident, if the injured party fails to take proper action, their claim could be seriously affected. In some cases, the actions taken by the plaintiff can derail the entire case, leading to them not being able to claim compensation at all.

Failing to Seek Immediate Medical Attention

An accident by nature is an overwhelming experience. Between repairing damages to your personal property, such as a car, to figuring out how your day-to-day tasks are supposed to continue after the disruption, it is tempting to postpone getting medical treatment. Some individuals may feel like they don’t get medical attention, as they feel perfectly fine after the accident. However, this could be a huge mistake. 

What Are the Risks of Delaying Medical Attention After an Accident?

There are several risks involved in not seeking medical attention after an accident. Here is an overview of these risks:

  • Hidden Injuries: Not all injuries, including soft tissue damage, are apparent right after an accident. The adrenaline coursing through your body can mask the pain from these types of injuries. If not treated, the injuries can get worse. This may lead to more serious damage and more extensive treatment.
  • Unclear Injury Documentation: Seeking medical attention immediately after an accident establishes a clear link to any injuries that you received and the accident itself. This is crucial for proving that your injuries were caused by the actions of the defendant. Failing to be seen by a healthcare professional will create unclear documentation that allows the insurance companies to say that your injuries were potentially caused by something other than the accident.
  • Allows the Defendant to Argue That Your Injuries Were Not That Serious: The defendant and their legal team will look for ways to minimize your claim. If you do not seek medical attention immediately after an accident, they may try to cite that fact as proof that your injuries were not as serious as you are making them out to be. This could seriously hurt your claim.

Not Following Medical Advice

Failure to follow medical advice after an accident can also damage your personal injury claim. It provides evidence to the insurance company and the defendant that your injuries were not as bad as you made them out to be. It calls to question your credibility and implies that you were exaggerating. This can lead to a lower settlement or to the complete denial of your claim.

Always make sure you are doing the following:

  • Follow all treatment instructions diligently.
  • Communicate concerns with your doctor and seek clarification if you have questions about your treatment options or current treatment plan.
  • Document everything from treatments, dates of treatment, medications, and any pain or discomfort you have.

Talking About Your Claim on Social Media

The worst thing you can do after an accident is post about it on social media. Facts, opinions, and even pictures about the case that have been shared on social media can harm your chances of getting a fair settlement. This is because the insurance companies and the court systems can gain access to this information and use it against you. While you may feel like sharing information on social media to let your family and friends know that you are okay, it is better to do this privately through a text message or phone call.

The at-fault party’s insurance company or legal team will be eager for you to hear them out on a potential settlement. While the offer they make may sound tempting, it is usually the bare minimum amount you could be receiving. This may cause you to receive compensation that isn’t enough to fully cover damages. Do not try to talk with the insurance company or the defendant’s legal team without having an experienced personal injury attorney on your side. Doing so can lead to accepting a settlement that is way less than what you deserve.

Providing a Statement to the At-Fault Insurance Company

A picture of a car accident close up.

In a car accident case, the at-fault insurance company will contact the injured party after the insured files a claim. The insurance company is trying to establish whether or not their client was the cause of the accident. Remember, they do not want this to be the case. While they may sound friendly and helpful during the call, they will scrutinize everything you say. This may come back to haunt you later when you are seeking compensation.

Before answering questions from the other party’s insurance company, it is extremely important that you contact your personal injury attorney for more information on your rights. They will instruct you to answer every question truthfully but to not answer questions you are unsure of or have to guess in order to answer. The insurance company can use your answers and any hesitation you express against you.

Omitting Details or Providing Inaccurate Information to Your Lawyer

Even if due to an innocent mistake or forgetting certain details about your accident, omitting information or providing inaccurate information can have serious consequences for your claim. It undermines your credibility and makes you appear unreliable in your ability to recall what actually happened. This can lead to a smaller settlement than you deserve or having your case thrown out altogether. Always be completely honest and transparent with your personal injury attorney and provide documentation to back up your claim.

Failing to Document the Accident and Injury Progression

The moments after an accident are crucial to the success of your personal injury claim. Since the plaintiff has the duty to prove the negligence of the defendant, evidence is key. This evidence can take the shape of the following:

  • Police records
  • Pictures of the accident site, damage from the accident, and injuries
  • Medical records
  • Records of damage to vehicle or personal property as well as estimates for repairs/replacement
  • Witness statements
  • Proof of lost wages
  • Correspondence with the insurance company, such as emails, letters, and phone records
  • Injury journal that keeps records of pain level and limitations

To keep your records together for your personal injury claim, it is important to gather all of the documentation and keep it in a dedicated file or folder. Make sure the information is categorized and organized chronologically, making it easier for you to access the correct documents when you need them.

Failure to Call the Police and Get a Police Report

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After an accident, it can feel like the entire world is collapsing around you. All of the parties involved will be on edge with adrenaline pumping. The most important thing to do after an accident is to ensure that everyone can get to a safe place, such as the side of the road. The second most important action to take is to call the police. This is true regardless of the size or severity of the accident.

Why Would Someone Not Call the Police?

Many good people in the world will often look over the damage to their car and assess their injuries first before making a decision about notifying the authorities. For example, a businessman is on his way to work. He comes to a complete stop at a red light and waits patiently for the light to change.

A new driver, who dropped his phone in between the seats, has his eyes away from the road for a second and ends up rear-ending the businessman’s car. They both get out of their vehicles to assess the damage. The businessman, who has an important meeting with his higher-ups, decides that since the damage to his car is minimal and he doesn’t feel injured, they don’t need to make a big deal out of it. After assuring the new driver that he is fine, they go their separate ways.

Unfortunately, the next morning, the businessman wakes up with pain in his neck and back from the collision. He wants to file a claim against the other driver to get compensation for his medical expenses. However, the new driver’s insurance company doesn’t believe him, as a police report was never filed and the new driver claims that the businessman said he was fine the day of the accident.

The police should always be notified of an accident, regardless of how minor it appears. This ensures that statements from both drivers and witnesses are properly recorded, pictures are taken, and the drivers’ information exchanged. The new driver may have been honest on the day of the accident about looking at his phone and being the cause of the accident. He may change his story later on. Regardless of how the story changes, a police report provides accurate information as to what happened. People tend to be more honest immediately following an accident than afterward when dealing with the insurance company.

Ignoring the Texas Statute of Limitations

The state of Texas has a statute of limitations of two years from the date of the accident. This means that injured parties seeking compensation will need to file a lawsuit against the person or entity responsible for their injury during this time period. Failure to do so will cause the case to be automatically dismissed from the court system.

Safeguarding Your Dallas Personal Injury Claim

A legal statue with the Texas flag.

The moments and days after an accident are crucial to establishing a clear case to help you get the compensation you deserve to cover medical expenses and damages. With so many things that could go against you, you will need a team of knowledgeable attorneys to fight for you. The personal injury attorneys at the Hernandez Law Group, P.C. have helped thousands of individuals claim compensation after their accidents. 

Our attorneys work around the clock, handling the hard work of your case so that you can focus on your recovery. We take on the insurance company, as well as the defendant’s legal team, to ensure that they cannot bully you into accepting less than you deserve. 

Safeguard your right to fair compensation by contacting the Hernandez Law Group, P.C. Our family will fight to the end to protect yours and get you the compensation you deserve!

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