Common Mistakes People Make After A Serious Car Accident And How You Can Avoid Them

Mistake # 1: Speaking To The Other Party’s Insurance Company Alone

Never, never talk with the other party’s insurance company on your own. Be aware that the first thing the insurance company is going to do is to try to get a statement out of you. They’ll try to get you to explain how the crash occurred and use your words against you in the future.

It’s a lot like a criminal case; the police read a suspect their Miranda rights, then the suspect tries to explain themselves to the police, and the police use their words against them later. While you’re not a suspect and haven’t committed a crime, the situation is very similar. The insurance company will try to use anything and everything you say against you.

The first person you should speak to after an accident is an attorney. And the moment that an attorney sends a notice of representation to the other party’s insurance company, that company is no longer allowed to speak to you.

Your lawyer will handle the phone calls, negotiations, and evidence discovery. Let them. Your lawyer is there to advocate for you and protect your case.

What about your own insurance company? You should feel free to reach out to them as soon as possible after your accident and let them know what has happened. But if the other driver’s insurance company calls you before you can hire a lawyer, simply let them know that you’ll have your attorney call them back.

Mistake # 2: Not Following Through With Your Physician’s Treatment Plan

Not following through with your doctor’s treatment plan hurts you in two ways. For one, the doctor has prescribed you a specific treatment plan because the doctor has years of experience, years of medical training, and the knowledge to treat your injury. Even if you feel like you’ve improved enough to stop your treatment, remember the doctor’s given you that regimen for a reason. If you don’t follow it, you may not fully heal. You may not get to the end of your treatment road or could have complications or added pain later on.

Secondly, not following through with your treatment plan will hurt your case. The insurance adjuster, the defense lawyer, and a jury will simply say, “This person didn’t finish their medical treatment, so they must not have been badly hurt”. It is truly imperative to do everything your doctor tells you. Remember, the doctor knows better.

Attorney Alexander Memmen is a respected, skilled personal injury attorney serving Illinois. For 18 years, he’s helped clients just like you navigate the law, avoid serious mistakes, and seek appropriate compensation after a serious accident and injury.

Have questions, or in need of legal help? Reach out to Sharks At Law for a free initial consultation today.

Mistake # 3: Switching Doctors Too Frequently

Unless there’s a compelling reason to make a change, switching doctors in the middle of your personal injury case causes two major problems. Firstly, it makes your case more complicated. Now, instead of simply having Doctor A come and testify about your condition, Doctors A, B, C, and D all have to come and testify about your injury and treatment. This makes it far more expensive, as each separate deposition will cost money.

Secondly, switching doctors can cause the new doctor to decide to start your treatment again or take another look at your injury. This can slow down your treatment significantly. Your first doctor already knows you, has already diagnosed you, and has already sent you for imaging and testing. They know your medical history and have you on a treatment plan. If possible, it’s best to stay with your initial doctor. This will help your case, help your recovery, and make expert medical testimony much simpler.

Mistake # 4: Posting On Social Media

Let me say this: Every person who has an active personal injury case should stay off of social media until their case is resolved. You never know how a social media post is going to be interpreted months or years from now by an insurance adjuster or by a jury. Even a seemingly innocent photo from a family vacation can cause an objection such as “They couldn’t have been that seriously hurt if they’re smiling and on vacation!”

Anything and everything can be used to diminish your case. Case in point: I had a client who was left blind as a result of someone else’s alleged negligence. The defense team found photos on his wife’s social media account of him sitting in the driver’s seat of a boat. They argued that this photo showed him driving the boat and that he wasn’t really blind. In reality, he had simply posed in the driver’s seat for fun and didn’t operate the boat at all. But this post, which wasn’t even on his own social media account, was found by the defense and presented as evidence.

To avoid anything being used against you, it’s best to avoid posting at all until your case is resolved. This includes photos, videos, text-based posts, and even comments on other’s content.

Mistake # 5: Not Being Honest With Your Loved Ones When You Feel Overwhelmed

You always want to be honest with your family. We have a basic instinct as human beings to cover up injuries we have suffered. For example, you’re walking down the street and meet an old acquaintance along the way. You ask him how he’s doing, and he instinctively answers, “Fine! I’m just fine, no complaints!” In reality, his mother has just passed away, and he’s heartbroken, but he has a deep-seated instinct to cover up this pain and present a strong, cheerful face.

We tend to cover things up, but this is an instinct I would encourage you to fight, especially with your family. You need to talk with your family about your injury so that they understand what you’re going through and can help you. You’re never going to get through your injury alone and will need their support. What’s more, your family may be called to testify about your injury at trial, and they need to have a realistic sense of your limitations, pain levels, and condition.

Besides, the people you live with will probably notice you wincing, struggling, and trying to hide your discomfort anyway. It’s best to be honest with your family and not hide or lie about your pain.