When you’ve been injured in an accident, it’s natural to assume that insurance will take care of it. Whether it’s your insurance, the insurance of the party involved, or some combination of the two, all you need to do is file the necessary paperwork, and you’ll receive the full amount you’re entitled to.
Unfortunately, that’s not how things tend to play out.
Insurance companies are driven by profit and personal interests. Insurance adjusters aren’t deliberately out to get you, but their goals are often at odds with yours. Because people are unaware of this, they often take actions that help insurance providers while hurting their own case. While it’s natural to expect your insurance to simply work when you need it, nearly 60% of insured adults experience some degree of issues when trying to use their policy.
The Most Common Legal Pitfalls
If you’ve been involved in an accident, it’s important that you take the correct actions afterwards. Otherwise, you could be setting yourself up for failure. As an experienced accident law firm in Butler County, these are the most common legal pitfalls we help people navigate around.
Failing to Contact the Proper Authorities
One of the first steps after an accident should be contacting the appropriate authorities. In many cases, this means calling the police so that an official report can be created.
An accident report serves as an independent record of what occurred. Officers will document the scene, speak with the individuals involved, and often gather witness statements. This documentation can become important evidence later in the claims process.
Failing to Document the Scene of the Accident
While a police report is good for documentation, you should also gather your own evidence and documentation. And you should do it as quickly as possible. The scene of the accident will be cleaned up. Tire tracks will fade along with the memories of witnesses.
Ideally, it’s best to gather photos and testimonies at the scene of the accident if you’re physically able to. Otherwise, try asking a friend or family member to take photos and get contact information from others. You should also write down as much information as you can as soon as you can.
Don’t assume that you remember everything later on.
Discussing the Accident on Social Media
Social media has become a regular part of daily life for many people, but it can also create problems during a personal injury claim.
After an accident, it may be tempting to share updates with friends or talk about what happened online. However, insurance companies and defense attorneys often review social media accounts while evaluating claims.
Even a seemingly harmless post can be taken out of context. A photo of you attending an event, traveling, or participating in everyday activities may be used to suggest that your injuries are not as serious as claimed.
For this reason, it is usually best to avoid discussing the accident, your injuries, or your medical treatment on any social or professional media platforms while your claim is pending.
Providing Recorded Statements Without Legal Advice
Insurance adjusters frequently ask injured individuals to provide recorded statements about the accident. While this may seem like a routine request, it is important to proceed with caution.
Generally speaking, we advise our clients against providing recorded statements. A crash report, for instance, often speaks for itself. Insurers should not get a free crack at you without representation.
A recorded statements may be used to gather information that could used against you later to reduce the value of your claim. Questions may be phrased in ways that encourage speculation or cause inconsistencies in your account of the event.
Even small differences between statements can be used later to challenge your credibility.
Though you should contact your insurance company immediately after an accident, you should avoid discussing fault. Simply tell them the basic facts and provide a copy of any police report. After that, speak to an attorney before providing additional details.
Waiting Too Long to Consult an Attorney
Many people assume that they should only contact an attorney if their claim becomes complicated or if the insurance company denies it.
In reality, speaking with an attorney early in the process can prevent many problems from occurring in the first place. An experienced personal injury lawyer can review the facts of your situation, explain your rights, and provide guidance on how to move forward. And should your case proceed to court, you will certainly want an attorney behind you. Trust us when we say you don’t want to find out what happens if you go to court without a lawyer.
Sometimes, this consultation simply provides peace of mind. In other cases, early legal involvement can make a significant difference in the outcome of the claim.
Even if you ultimately decide not to hire an attorney, having a clear understanding of your legal options can help you make more informed decisions.
Not Sharing Your Full Medical and Accident History
Your attorney can only effectively represent you if they have a complete understanding of your medical and accident history.
Insurance companies routinely examine medical records when evaluating injury claims. If they discover past injuries or prior accidents that were not disclosed, they may argue that your current condition is unrelated to the incident in question.
Providing your attorney with full and accurate information allows them to anticipate these arguments and address them properly.
Transparency with your legal counsel helps ensure that there are no surprises during negotiations or litigation.
Failing to Fully Describe Your Injuries to Medical Providers
When you receive medical treatment after an accident, it is important to communicate clearly with your healthcare providers.
Some people hesitate to mention certain symptoms because they assume the discomfort will pass or do not want to appear overly concerned. Unfortunately, failing to report symptoms can create gaps in your medical records that an insurer and its attorney uses against you later.
Insurance companies rely heavily on these records when evaluating injury claims. If an injury is not documented during medical visits, they may argue that the condition does not exist or was not caused by the accident. If symptoms are not documented in your records, a future jury may not give that portion of your story much credence.
Be thorough when discussing your symptoms, including pain, mobility limitations, headaches, dizziness, emotional distress, or any other effects you may be experiencing. Don’t be afraid to ask other people in your life to help you document any symptoms you may be exhibiting even ones you may not know about.
Not Keeping a Record of Your Recovery
Recovering from an injury can involve more than medical appointments and physical pain. Injuries often affect daily life in ways that are difficult to capture through medical records alone.
Keeping a personal journal or diary can provide valuable insight into how the injury impacts your day-to-day activities. You might note things such as difficulty sleeping, challenges completing routine tasks, missed workdays, or emotional stress.
As mentioned above, family members and close friends may also observe changes in your behavior or physical abilities that you may not notice yourself.
This type of documentation can help demonstrate the real-life impact of your injuries and provide important context during settlement negotiations.
Gaps in Medical Treatment
Consistent medical treatment plays a major role in the strength of an injury claim.
If there are long gaps between appointments or treatments, insurance companies may argue that your injuries are not serious or that you have fully recovered.
There are many reasons someone might miss appointments. Financial concerns, transportation issues, or scheduling conflicts can all create challenges.
However, it is important to communicate with your healthcare providers and continue treatment whenever possible. Consistent documentation of your recovery process strengthens the connection between the accident and your injuries.
Ignoring Medical Advice
On a similar note, it’s important that you follow the advice that you’re given by medical professionals. It not only ensures a faster, more successful recovery, but it helps you maintain your claim.
When you don’t follow medical advice, insurance companies may argue that your non-compliance contributed to the worsening of your condition.
Medical providers develop treatment plans to help you recover as effectively as possible. Following those plans supports both your health and the credibility of your claim.
Not Informing Your Attorney About All Insurance Policies
Many people assume that only the at fault party’s insurance policy will be involved in their claim. In reality, several types of insurance coverage may apply.
These can include private health insurance, automobile insurance policies, workers’ compensation coverage, disability insurance, and various state or federal programs.
Some of these insurers may have rights to reimbursement or subrogation if they paid for medical care related to your injury. Your attorney can direct that process and help you better understand what should or shouldn’t be done.
Providing your attorney with a complete list of your insurance policies allows them to address these issues early and avoid complications when a settlement is reached.
How an Attorney Saves You from Pitfalls
Personal injury cases involve far more than simply filing paperwork with an insurance company. They require careful documentation, strategic communication, and a thorough understanding of legal procedures. This is especially true if other involved parties are working with lawyers.
An experienced attorney helps ensure that nothing important is overlooked, while also elevating your personal needs.
An attorney can gather evidence, review accident reports, communicate with insurance adjusters, and coordinate with medical professionals. They also understand the tactics that insurance companies may use to minimize payouts.
For example, insurers may dispute liability, question the severity of injuries, or attempt to attribute your condition to preexisting medical issues. Having legal representation ensures that these arguments are addressed with proper evidence and expert input when necessary.
Another benefit of working with an attorney is that it allows you to focus on your recovery. Managing phone calls, documentation requests, and negotiations can be time consuming and stressful. With a legal professional handling those responsibilities, you can concentrate on healing and rebuilding your life.
It is also important to remember that most personal injury attorneys work on a contingency fee basis. This means that legal fees are typically paid only if a settlement or judgment is recovered.
The Richards Firm is Here to Look Out for You
Choosing the right attorney is an important decision after an accident. You want someone who understands the legal process and also recognizes that every case involves a real person dealing with real challenges.
The Richards Firm was founded with the goal of making the legal system more accessible for people who have suffered injuries or losses due to the negligence of others. At The Richards Firm, our clients are always treated as individuals, not case numbers. This enables us to help our clients avoid critical pitfalls, while also maximizing their chances of getting the full compensation they’re entitled to.
For an experienced attorney in the Greater Cincinnati area, contact The Richards Firm today. We can reached at 513-461-0084 or by visiting our consultation page here.
With The Richards Firm, your initial consultation is always free, and you only owe us a fee if we win your case.
