What Are the Biggest Mistakes That Could Hurt Your Personal Injury Case?

A personal injury claim could get you all the compensation you need to reimburse your losses and damages after you’ve been injured because of someone else’s negligence. But without help from an injury attorney in El Paso who has knowledge of Texas law and our local courts, you might make one of these common mistakes that can reduce or even destroy the value of your claim. Read on to learn more about what to avoid, and be sure to talk to an attorney as soon as possible to make sure you’re protected

To recover compensation, you’re going to have to prove that the other person or entity was negligent and that their negligence caused your injuries. Doing this requires quite a lot of evidence. Whatever accident you’ve been in, the best evidence you can collect is the evidence right there at the scene of the accident. The longer you wait in collecting this evidence, the easier it is for evidence to be lost or to degrade to the point that it becomes unclear what happened.

If you are at all able after your accident, get pictures of the whole scene, note where any cameras are that might’ve taken video, and get the contact information of any witnesses who might be able to testify. If you are badly injured, contact a lawyer as soon as you can so your lawyer can get to work collecting evidence while you recover. If you’re unable to talk to a lawyer, that’s OK. A friend or family member can also reach out and get the process started. At Cesar Ornelas Law, we can come to your home or meet you at the hospital if necessary in order to discuss your case because we understand that injuries may prevent you from acting freely.

One of the most important pieces of evidence in any accident will be the report that’s made immediately afterward. In the case of a car accident and many other accidents, this could be a police report. But it could also be a report filed with a property owner, such as the manager of a store after a slip and fall. Without this report, it becomes easier for the insurance company to dispute the details of the claim.

As soon as possible after your accident, get a copy of the report so that you can review it. It’s always possible for mistakes to be made in these situations, and if you notice an error, talk to your lawyer about politely requesting that either the investigating officer or the store manager correct the error. If you take care of this early on in the process, memories are still fresh and the person may agree quickly to amend and update the report.

Your medical expenses are typically going to be a big part of your compensation claim, and your non-economic damages, such as mental anguish or pain and suffering, will be calculated in relation to the total of your economic damages, including your medical losses. If you have been badly injured at the scene of an accident, it’s likely you were taken to the hospital quickly. But if you weren’t, you still need to be sure to visit a doctor as soon as possible after the accident. 

Sometimes people don’t do this because they feel fine and they don’t think it’s necessary, but this can be a costly mistake in every respect. Most importantly, some injuries, and some very serious injuries, in fact, don’t manifest with symptoms immediately. If you have internal bleeding, for example, this is a serious in life-threatening condition, but you may not be aware of it for some hours. In addition to health concerns, though, you need to see a doctor as soon as possible so that if there are any injuries you can clearly link them to the accident. If you wait too long, the insurance company may try to claim that your injury was not caused by the accident at all.

Another mistake that people sometimes make is not following through on all the instructions from their doctor after an accident. Sometimes the urgency of getting back to work or needing to take care of the family can cause a victim to push themselves in ways that aren’t good for their health. The main problem here, of course, is that it can make injuries worse and harder to recover from. But there’s another problem, too: if you don’t follow through on everything your doctor says, you put your claim at risk. The other side and its insurance company may then claim that you made your injuries worse by your own behavior and that they should not be responsible for covering all damages in consequence.

Either at the scene of an accident or later when you’re talking to an insurance adjuster, it’s very important not to say anything that could be construed as taking blame for what happened. Even if you believe you might be at fault, it’s best just to stick to the facts of what happened and not mention fault at all. Let your lawyer do a thorough investigation to make sure. Even if you believe you were at fault, it may turn out that there were things going on around you that you didn’t really see or know about that could mitigate your degree of fault.

It’s especially important to be careful here when you talk to the insurance company. Insurance adjusters often ask questions deliberately designed to get you to say things they can use against you to minimize or even deny your claim altogether. They very much hope to get you to take some responsibility, because Texas law allows them to reduce your compensation by the same percentage as your fault. If they’re able to claim that you are 30% responsible, they would only have to pay 70% of your damages. And if they can saddle you with 51% or more of the responsibility, they don’t have to pay you anything at all. Refer the insurance company to your lawyer at all times and let your lawyer take care of communications.

The insurance company may come to you quickly with a settlement offer, but this is often much lower than what you actually need. They’re hoping that you will accept this before you have a chance to talk to a lawyer, either because you don’t know what your claim is really worth or because you’re desperate for money. Never sign anything until you have talked to your lawyer. Your lawyer will help you calculate the full value of your claim and then protect you from signing anything that isn’t in your best interests.

Research shows that people who get a lawyer in these situations usually come away with a settlement that’s, on average, 3.5 times larger than those who don’t have a lawyer. Not only will your lawyer stop you from making mistakes, but your lawyer will also help you get the maximum possible settlement.

If you’ve been in an accident, contact us now at Cesar Ornelas Law in El Paso, San Antonio, Dallas, Midland, or Odessa. We also serve clients in New Mexico, California, and Georgia.