13 Mistakes That Can Derail Your Personal Injury Trial Law Case
Here are some common mistakes auto accident victims make. Learn how to avoid them.
After an auto accident claim, there is a detailed process that is undertaken by the insurance adjusters, and insurance company lawyers. As this process unfolds, it is important to understand what the process is like and what pitfalls you can avoid as the claimant.
As always, the best thing you can do is consult a Personal Injury Trial Law attorney as soon as possible after an accident. They will help explain the process and help you avoid some of the common mistakes listed below.
Lying
This mistake is easy to avoid, and the consequences can be disastrous for those who don’t. For example, recent Texas cases have held that providing false information on an insurance application can be used to void Personal Injury Trial Law claims you may have, such as for uninsured motorist coverage. So it’s pretty clear that the fastest way to derail your Personal Injury Trial Law case is to lie about something that has to do with the accident.
A law firm dedicated to Personal Injury Trial Law claims and lawsuits can best advise you in situations where you must give a statement. Therefore, it is critical to consult with your attorney in such instances.
Talking About Your Case with the Wrong People
After you file an accident claim, insurance adjusters, defense lawyers, and even the person you were involved in the accident with may try and contact you. If in doubt, do not discuss your case with ANYONE other than your attorney. In addition, never speak with any person hired by the at-fault driver or insurance company. If an adjuster wants to ask about your case, have them call your attorney.
Signing Your Rights Away
Do not sign anything until you check with your attorney. Even simple releases sometimes have fine print waiving future injury claims or allowing an at-fault insurance company to access your medical records and violate your privacy. Whenever you are asked to sign a document following an accident, check with your lawyer first.
Skipping Your Doctors Appointments
Listen to your doctors and follow through on their advice. There’s never a reason or excuse to miss a doctor’s appointment. Missed doctor’s appointments, therapy sessions, or even unfilled prescriptions may be interpreted as a sign that you are not hurt or don’t take your lawsuit seriously. It’s very important for you to show that you are working hard to get better, and keeping appointments is an integral part of that.
Not Taking Pictures or Deleting Important Pictures
A good rule of thumb is that any time you are involved in an accident of any kind – take pictures. Take good pictures of the accident scene, vehicles, the environment, etc. These can become crucial evidence and may help strengthen your case. Secondly, anytime you have surgery or a visible injury, take pictures. Contact your attorney and they may be able to assist with providing a photographer to document your injuries. Videos are also great tools to show a jury or an insurance company adjuster just how difficult things have been since your Personal Injury Trial Law or after surgery. Lastly, it’s good practice to back up your pictures so that in case you lose access to your phone for some reason, you’ll have the pictures available when needed.
Comparing Your Personal Injury Trial Law Case to Someone Else’s
When we’re working on a case, clients often tell us they heard about a friend’s financial recovery after a Personal Injury Trial Law claim. Please be aware that every case, every specific injury, and every client is different. It’s important to understand our attorneys are as interested as you are in getting you the best possible settlement. It’s our job, and due to our contingency fee structure, when you win – we win!
Assuming Your Social Media Accounts are Private
Insurance adjusters and defense attorneys will investigate your Facebook, Twitter, and other social media accounts, blogs, and websites. A common misconception is that a social media account marked private can not be accessed in legal investigations. Expect insurance attorneys to look for things on your social media that can help them avoid taking full responsibility for the harm they’ve caused. The purpose of this internet research is to attempt to show that you are not as injured as you claim. Please be very careful about posts and photos of your activities. Avoid posting about your injury or case.
Applying For Benefits Too Late
Texas’ No-Fault Law covers essential auto insurance benefits such as lost wages, medical bills and mileage, replacement services (chores, help around the house), and attendant care (nursing services). These benefits are generally paid by the car accident victim’s auto insurance carrier. There is a four-year time limit to apply for benefits for a first-party no-fault case in Texas. If you do not apply within four years, you will not be able to receive your no-fault insurance benefits.
Disposing of Important Evidence
If you have any doubt about what to do with a piece of evidence involving your Personal Injury Trial Law case, a good rule of thumb is: SAVE IT. Save any pictures, physical evidence, etc. Also save all pill bottles, casts, braces, prescriptions, and other items from your doctors. Finally, save all documents, receipts, letters, and other paperwork related to the accident. This is evidence of your personal injuries and potential claim and must be preserved.
Insurance Medical Examinations
Following your accident, you may be sent to an insurance medical examination (IME) at some point. At first glance, the IME may appear to be an innocent request to have a physical examination. However, in reality, this is part of the process the insurance companies take to strengthen their own case. Sadly, these IME doctors are not “independent,” and are, in fact, insurance company physicians who can make a lot of money finding “nothing wrong” with auto accident victims. You must call your attorney immediately when your insurance adjuster tells you to attend a medical exam.
Renewing Licenses in the Middle of an Active Personal Injury Trial Law Case
Once a Personal Injury Trial Law lawsuit has been filed, defense attorneys and their investigators can easily obtain access to commercial driver license (CDL) information from the Secretary of State and hunting and fishing license information from the Department of Natural Resources. If you have serious injuries that prevent you from driving a commercial vehicle and/or participating in outdoor activities, we suggest that you do not renew those licenses until you first speak with your attorney.
Not Communicating Job Changes and Moving
Job changes or a change of address may not seem like a big deal in Personal Injury Trial Law cases, however, these changes can affect how your attorney is handling your case. Any change after your auto accident, including changes in your job, job duties, and salary is important to discuss with your attorney. Inform your attorney if you are moving, have been put on further restrictions at work, or have to miss more work due to your injuries.
Not Communicating With Your Personal Injury Trial Law Attorney
Once you’ve hired a Personal Injury Trial Law lawyer who you trust, it’s important to actively stay in touch with them to ensure the best outcome. Many times solid cases are hurt by poor communication resulting in lower settlement amounts, or significant delays. The best advice remains the simplest: call your attorney at (832) 433-7977 if you have a question, and certainly before doing something that can substantially impact your case.
