Car accidents can be an overwhelming experience, leaving victims to deal with unforeseen physical injuries and disabilities, brain injuries, emotional trauma, and financial loss. However, pursuing an auto accident injury claim in Florida can help a victim to get compensation for their losses.
While the injury claim process can seem straightforward sometimes, there are several ways a person can mess up their auto accident case and get little or no money for their losses. The goal of the insurance company is to deny or minimize your claim. In other words, they want to pay you as little as possible, and they'll capitalize on any opportunity to do so. In this article, we will discuss the top 10 ways a person can mess up their auto accident case in Orlando, Florida.
1-Not Seeking Medical Attention After the Crash
The first and most crucial mistake that a person can make after an auto accident is not seeking medical attention. Even if you feel fine, it is essential to get a medical evaluation to ensure that there are no hidden injuries that could surface later. Delaying medical treatment can also hurt your case because it gives the insurance company ammunition to argue that your injuries were not related to the accident. In other words, they’ll probably say you got hurt sometime after the accident.
2-Failing to Take Pictures & Gather Evidence at the Accident Scene
Evidence is critical in an auto accident case, and the scene of the accident changes fast after the crash. Failing to gather critical evidence, like witness contact info, pictures of the scene, and videos of the scene can weaken your case. In addition to the scene, it is also vital to take pictures of the damage to your car and other cars, as well as any injuries you sustained.
3-Not Contacting the Police After the Auto Accident
In Florida, the law requires you to contact the police immediately after an auto accident. Failure to do so can result in a fine or even jail time. Contacting the police also helps to document the accident because you’ll get a police report, which can be used as evidence in your case, and it can be used to prove when the accident occurred and what vehicles were involved.
4-Admitting Fault to Police or Other Drivers at the Scene of the Accident
After an auto accident, it's important to be careful about what you say to the other driver, the police, and any witnesses. People often admit fault in jest by saying things like, “Oh, this happened right when I looked down to grab something. This type of thing always happens to me,” or something like this.
When a person says something like this, even though they didn’t mean to admit fault, they technically did. Avoid admitting fault, even if you believe you may have been partially to blame because admitting fault can make it more difficult to prove the other driver's negligence and can harm your chances of obtaining fair compensation for your injuries.
5-Giving a Recorded Statement to the Insurance Company Without Speaking to an Attorney First
After an auto accident, insurance companies will try to contact you and obtain a recorded statement. It is crucial to avoid giving a recorded statement without consulting an attorney first. Insurance adjusters are trained to ask questions that can be used against you to minimize your claim or deny it altogether.
6-Signing a Release of Claims Without Consulting with an Attorney First
Insurance companies may offer a quick settlement to close the case before you have had a chance to consult an attorney. It’s difficult to deal with insurance adjusters, and it is crucial to avoid signing a release without first consulting an attorney. Once you sign a release, you waive your right to seek further compensation, even if your injuries worsen.
7-Not Following Up on Medical Treatment After the Accident
After seeking medical attention, it is crucial to follow up with any recommended treatment, such as physical therapy, chiropractor, or specialist visits. Failing to do so can hurt your case because it allows the defense to argue that you did not take appropriate steps to recover. In other words, you are the cause of your injury, not the at fault driver in the auto accident.
8-Failing to File a Lawsuit Within the Statute of Limitations
The statute of limitations for car accident cases in Florida is four (4) years. In other words, you have four (4) years to file a lawsuit after an auto accident. Failing to file a lawsuit within the statute of limitations can result in the permanent dismissal of your case. Thus, it is crucial to consult with an attorney as soon as possible after an auto accident to ensure that you file your personal injury claim within the appropriate time.
9-Posting About the Auto Accident on Social Media
Social media has become an integral part of our lives, but it can also hurt your auto accident case. Insurance companies and defense attorneys will look through all your social media accounts for any evidence that can be used against you. Thus, it is best to avoid posting anything related to your accident or your case on any of your social media accounts.
10-Hiring an Attorney That Doesn’t Take Your Case Seriously
To avoid hiring an attorney who doesn't take your case seriously, it's essential to do your research and choose an attorney who has a track record of success and positive reviews from previous clients. You should also choose an attorney who communicates with you regularly and keeps you informed about your case's progress. A good attorney will take your case seriously, will be dedicated to fighting for your rights, and will work tirelessly to get you the compensation you deserve.
Filing an auto accident case in Florida can be a complex and overwhelming process but avoiding the 10 mistakes we talked about above can increase your chances of getting the compensation you deserve.