Mistakes That Could Cost Your Injury Case

You’ve been involved in auto accident and you’re looking for legal representation. Did you know that if these certain costly mistakes are made…it could ruin your whole case? That’s right! And sadly, if the case involves out of pocket expenses and you lose you won’t get reimbursed by the insurance or by the other party involved in the accident.

So what are these costly mistakes?

Failure to report your accident to the proper authorities or your insurance company.

This may seem trivial, but if the person that hit you pleads with you not to call the police or your insurance that might be a sign they don’t have insurance or maybe they have a police record. Or they share some excuse to get your sympathy. Although tempting as it may be to handle the claim right then and there, what if the other party gives you false information or they lie to their insurance company how the accident happened. Having the police investigate the wreckage and filing a report acts as an independent witness to the scene and helps clarify in the event of a lawsuit.

Failing to obtain a medical evaluation.

“Shaking it off” may seem like the normal thing to say or do in a wreck. But even minor accidents can lead to severe pain. Between the adrenaline pumping, the shock, the drama and the frustration your thinking isn’t clear and you’re not concentrating on your injuries. And if you’re not covered in blood you’re just thinking it’s serious. Yet, those unseen or “shake it off” injuries could turn into something hours, days or weeks down the road. Then it may be too late to get proper treatment. Trying to convince a jury of injuries after you played the “wait and see” game doesn’t always bode well and you might not receive a favorable outcome.

Not telling your lawyer or doctor about prior injuries.

If you want your case to succeed you must tell your lawyer everything. That means sharing your medical history both past and present. It may seem irrelevant but even the littlest omissions can be used against you if your case goes to court. Doctors need to know your past injuries to evaluate you and make sure everything will heal properly. Did you know that insurance companies retain huge databases with information on accident injuries? Yes, and that information contains past payouts of insured claims. So if you report an old injury that has already been covered, you may be committing fraud and that will harm your case. Make sure you tell your doctors and lawyers everything…it really is in your best interest.

Hiding or mispresenting your medical history or other health problems.

Honesty is always the best policy. Being up front and sharing your medical history and health related problems is crucial when evaluating your injury case. Remember your doctor may be called to give testimony regarding your case and if it’s revealed you mislead, omitted or otherwise forgot about something your case may be dismissed.

Exaggerating your injuries.

Saying your pain is worse than it is or whining that the injury you sustained is a bigger deal than it actually is can land you in hot water. Again this goes back to honesty and frankly the insurance companies look for all kinds of reasons to dismiss your case. Not being truthful of your pain level or exaggerating it to be more than it is can have your case tossed and any monies for claims that you were expecting gone. Most experienced law firms will not represent someone they feel is less than forthright.

Failing to return to work when able.

The reality is most employees just want to get back to work and start making money to pay their bills. Explaining to your doctor and lawyer what your job entails will help determine the exact amount of time off that may be required from your employer. And if your doctor insists you take time off then request a note. This will help your case if it goes to court. Just taking time off or taking more than you need won’t help your cause and may end up getting you terminated from your employment.

Failing to keep records.

Receipts and journals help document everything you had to go through in relation to your injuries. Even a small receipt from the gas station you stopped at prior to the accident could aid in telling how fast or slow you were traveling. Documenting precise days, times and events can help your law firm defend your case better. It’s important to write down everything regardless of how trivial you think it is. Failing to keep proper records can lead to a jury ruling against you.

If you’ve been injured in an auto, truck or motorcycle accident and it happened in Indiana, I invite you to pick up the phone and call the Law Offices of David W Holub at 1-219-736-9700  today.

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