Navigating a pedestrian accident claim in the United States can be complicated. Luckily, having the understanding of what gaffes to avoid can make a huge difference in getting the compensation you deserve.
Check out the following top mistakes to avoid in pedestrian accident claims to help you out:
Not Seeking Medical Attention
After an accident, your adrenaline might mask pain. Don’t assume you’re fine just because you can still walk or talk. Get a thorough medical check-up right away. Medical records are crucial for your claim. They prove that your injuries are real and related to the accident. Without this documentation, it’s your word against the insurance company’s.
Failing To Report The Accident
Always report the accident to the police. Why? It’s because having a police record on file might support your claim. If you skip this step, you might lose valuable evidence that could help prove the driver’s fault.
Waiting Too Long To File A Claim
Time is very important in terms of personal injury cases. Each state, like Utah, has a statute of limited range that limits how long you have to writ a claim.
Don’t wait for too long in filing your claim so that you won’t lose your right to compensation. Start the process as soon as possible with the help of professionals like a skilled pedestrian accident attorney in Utah.
Not Gathering Adequate Evidence
The more evidence you have, the stronger your claim is. Snap pictures. Collect contact information from witnesses. Document everything related to the accident to use as evidence. These pieces of evidence can help make your case much stronger and show the impact of the accident on your life.
Accepting The First Settlement Offer
The first offer made by insurers are usually lowballs. Don’t accept the first offer without consulting a lawyer. An attorney can help you understand if the offer is reasonable or if you should negotiate for more.
Not Hiring A Personal Injury Lawyer
Handling a claim all by yourself can be overwhelming, indeed. Luckily, personal injury lawyers know the ins and outs of such cases. They can guide you through the legal process, help curate evidence, negotiate with insurers, and so on. If you have a highly skilled lawyer as your partner, your chances of a favorable outcome increase.
Giving Recorded Statements To Insurance Companies Sans Your Lawyer’s Advice
There are times that insurers may ask you to provide a recorded statement about the accident. Don’t fall for that.
Remember: anything you say can be used against you. Hence, it’s recommended that you consult with your attorney before providing any statements to protect yourself.
Posting On Social Media
In today’s digital age, it’s tempting to share everything online. Yet, posting about your accident or injuries on social media can potentially harm your case. Insurance companies might use your posts as evidence to downplay your injuries or claim you’re exaggerating. Defer from sharing any social media posts about your case until everything has been resolved or settled.
Ignoring Doctor’s Orders
Follow your doctor’s treatment plan meticulously. Skipping appointments or not following prescribed treatments can weaken your claim. Insurance companies might argue that you’re not as injured as you claim or that you’re not taking your recovery seriously. Show that you’re committed to getting better by adhering to all medical advice.
Miscommunicating With Your Lawyer
Keep open and honest communication with your lawyer. Update them on any new developments, changes in your medical condition, or interactions with insurance companies. Your lawyer needs complete information to build a strong case. Miscommunication or withholding details can potentially jeopardize your claim.
Overlooking Future Damages
Accidents can have long-lasting effects. Consider how your injuries might impact your future. Will you need ongoing medical treatment? Is there a possibility of permanent disability? Future damages should be included in your claim to ensure you’re fully compensated for all potential impacts.
Signing Documents Without Legal Advice
Never sign any documents from the insurance company without consulting your lawyer. These documents might contain clauses that limit your rights or release the other party from liability. Your lawyer can review all paperwork to ensure your interests are protected.
Failing To Prepare For Legal Proceedings
If your case goes to court, be prepared. Understand the process, gather all necessary documents, and be ready to testify if needed. Your lawyer will guide you, but being proactive and informed will help your case. A well-prepared client is an asset in any legal proceeding.
Not Documenting Your Recovery Journey
Keep a journal of your recovery process. Document your pain levels, emotional struggles, and any limitations you face in daily activities. This can serve as powerful evidence to illustrate the extent of your suffering and the impact on your life, strengthening your claim.
Ignoring Mental Health Impacts
Accidents can cause psychological trauma. Don’t overlook this aspect of your recovery. Seek professional help if needed and document your mental health treatment. Compensation for emotional distress is a valid part of personal injury claims and should not be neglected.
To Conclude
Filing and winning a pedestrian accident claim can be challenging, indeed, but avoiding the common mistakes featured above can make a huge difference. All the best in your recovery and claim proceedings!
