The actions you take before and during your personal injury claim in Texas have the power to either harm or help your ability to recover financial compensation. Many claimants make mistakes that are extremely damaging to their claims, even to the point of getting the claim denied. Avoid these top seven mistakes to enhance your ability to achieve the case outcome you deserve.
Admitting Any Degree of Fault
After an accident, it is many victims’ first reaction to apologize or admit fault. You may say you are sorry to the other driver involved in a car crash in Dallas, for example, to be polite and avoid a dispute. It is critical, however, to keep your legal rights in mind in the aftermath of an accident by not admitting any degree of fault.
Do not admit fault to the other people involved in the accident, to the police or to an insurance company during the processing of your claim. Do not apologize, either, as this could be misconstrued as you accepting blame for the accident. Admitting fault can bar you from financial recovery even before an insurance company investigates the cause of the accident.
Delaying Medical Treatment
One of the first things an insurance company looks for is whether the injured victim sought medical care right away or delayed treatment. A delay in going to a doctor or hospital after an accident in Dallas could give the insurance company a reason to blame you for the current extent of your injuries. The insurance company may argue, for instance, that you could have mitigated your damages by going to a hospital right away. It is important to go to a hospital immediately and to follow your doctor's advice.
Going on Social Media
Do your best to resist the urge to post about your accident or injuries on any social media platform. This includes Facebook, Instagram, TikTok and LinkedIn. The other person involved in your case, known as the defendant, can use anything you post to social media as evidence against you. The defendant's attorney can access the information on your social media profiles regardless of your privacy settings. Watch who you speak to in general after an accident, as anyone other than your spouse can be compelled to testify against you.
Trusting the Insurance Company
Do not make the mistake of thinking that the insurance company in charge of your claim wants to maximize your financial recovery. It is the opposite; insurance companies want to minimize clients’ payouts to maximize their profits. When discussing your case with an insurance company or claims adjuster, be careful what you say. Don't admit fault, give your permission to record a statement or accept a fast settlement.
Accepting the First Settlement Offer
It is normal to want to resolve your injury claim as quickly as possible. Accepting the very first offer made by an insurance company, however, could mean failing to receive the financial support you need to pay for your ongoing medical needs and other necessary expenses. The first offer is often too low, as the insurance company expects the client to negotiate with a counteroffer. Before saying yes to a settlement, bring the offer to an attorney for review.
Handling a Complicated Claim Alone
If you have a complicated injury claim, such as one involving catastrophic injuries or a liability dispute, hire an attorney to assist you. Handling a difficult claim alone can mean making mistakes that are detrimental to your financial recovery. Hiring an attorney, on the other hand, can ensure that you fully protect your legal rights during the claims process.
Allowing Your Deadline to Pass
Do not wait to seek an attorney's advice about your recent accident in Dallas. All personal injury lawsuits in Texas must be filed within two years of the accident. The courts very rarely accept claims that are filed past this deadline. Act quickly to ensure the full protection of your legal rights.