If you’ve been involved in a car accident in New York City, you may be overwhelmed by the physical, emotional, and financial aftermath.
As a personal injury lawyer, I’ve seen many cases where seemingly minor mistakes significantly impacted the value of a claim.
Understanding these common pitfalls can help you avoid them and ensure you receive the compensation you deserve.
1. Not Seeking Immediate Medical Attention
One of the most critical steps you must take after a car accident is seeking immediate medical attention. This not only ensures your health and well-being but also creates a crucial medical record that will be pivotal in your case. Here’s why failing to do so can ruin your claim:
Delayed Symptoms: Many car accident injuries, such as whiplash or internal injuries, may not present symptoms immediately. Adrenaline and shock can mask pain, leading victims to believe they are uninjured. By delaying medical evaluation, you risk worsening your condition and undermining your claim. Insurance companies might argue that your injuries are not severe or are unrelated to the accident if there is a significant gap between the accident and your first medical visit.
Medical Documentation: Your medical records serve as evidence of your injuries and the necessary treatments. Without prompt medical attention, it becomes difficult to link your injuries directly to the accident. This documentation is critical when negotiating with insurance companies or presenting your case in court.
Perceived Negligence: Not seeking immediate medical attention can be perceived as negligence on your part. Insurance adjusters and opposing attorneys may argue that if you were genuinely injured, you would have sought help right away. This perception can significantly reduce the value of your claim.
2. Failing to Gather Adequate Evidence
Evidence is the backbone of any personal injury case. Failing to collect and preserve evidence at the accident scene can severely undermine your claim. Here’s what you should do to protect the value of your case:
Photographs and Videos: Take pictures and videos of the accident scene, your injuries, vehicle damage, and any relevant road conditions or traffic signs. These visual records can provide compelling evidence to support your claim.
Witness Information: Obtain contact information from any witnesses present at the scene. Their statements can corroborate your account of the accident and help establish liability.
Police Reports: Always call the police to report the accident. The official police report is a crucial document that details the circumstances of the accident, the parties involved, and any citations issued. This report can be a key piece of evidence in your case.
Preserve Physical Evidence: Keep any damaged personal property, such as your vehicle, clothing, or other items, as they can serve as tangible proof of the accident’s impact.
3. Communicating With Insurance Adjusters Without Legal Counsel
After a car accident, you will likely be contacted by insurance adjusters who will want to discuss the details of the incident and your injuries. While it may seem straightforward, communicating with them without legal counsel can be a grave mistake. Here’s why:
Recorded Statements: Insurance adjusters often ask for recorded statements. These statements can be used against you later in the claims process. Even innocent comments can be misconstrued or taken out of context to minimize your claim. It’s best to decline providing a recorded statement until you’ve consulted with an attorney.
Settling Too Quickly: Insurance companies may offer quick settlements to close the case swiftly. However, these initial offers are typically much lower than what you deserve. Accepting a quick settlement can leave you without sufficient funds to cover ongoing medical expenses, lost wages, and other long-term damages. An experienced attorney can help you evaluate the true value of your claim and negotiate for a fair settlement.
Legal Complexity: Personal injury claims involve complex legal procedures and principles. Without legal expertise, you might inadvertently make statements or decisions that harm your case. An attorney can guide you through the process, protect your rights, and ensure that you receive the compensation you deserve.
Conclusion
Navigating the aftermath of a car accident can be daunting, but avoiding these common mistakes can significantly enhance the value of your personal injury claim.
Seek immediate medical attention, gather and preserve evidence, and consult with an experienced personal injury attorney before communicating with insurance adjusters.
By taking these steps, you can protect your rights and secure the compensation you need to recover and move forward.
If you’ve been involved in a car accident in New York City and need legal assistance, don’t hesitate to contact our office for a free consultation.
We’re here to help you every step of the way. Call Oliveri & Schwartz at 212-987-1100.
