A fair number of websites exist that provide guidelines about what to do in the wake of a serious motor vehicle collision, such as a trucking accident, motorcycle collision, SUV rollover or other type of crash that causes serious injury or wrongful death. Common suggestions include seeking medical treatment, gathering evidence and seeking legal advice. What is not often discussed are actions that you should avoid in the wake of motor vehicle accidents to avoid damaging a potential personal injury claim. Because our Missouri personal injury attorneys at the Hubbard and Kurtz, LLP handle many personal injury claims arising out of motor vehicle accidents, we have provided suggestions about common mistakes to avoid:
Do Not Postpone Medical Treatment
While the advice to obtain medical treatment may be standard, the timeliness of seeking medical attention can be equally important both from a clinical and legal perspective. There are certain types of injuries that may become more serious if medical diagnosis and treatment is not prompt. Many head injuries involve internal bleeding of the braining or bleeding into the space between the skull cavity and the brain. The pressure created by this internal bleeding can cause permanent loss of cognitive function and even death if the pressure is not relieved rapidly. Sometime head injury victims are completely unaware that they are seriously injured, and they are relatively unfazed until the pressure on the brain reaches a certain threshold.
From a litigation perspective, insurance companies view delays in medical treatment as an opportunity to challenge the cause and severity of a motor vehicle crash victim’s injuries. Insurance defense lawyers routinely use the discovery process to acquire information about prior accidents and injuries. These records often will be carefully evaluated by a medical expert to look for alternative explanations for your injuries and to dispute the severity of your physical or mental incapacity. Insurance companies have been known to claim that accidents both prior to and after the collision at issue in a lawsuit were the cause of a victim’s injuries.
Do Not Post Information on Facebook and Other Social Media Sites
A growing number of lawsuits brought by plaintiff with serious injuries are being compromised by posts on social media sites. The best practice is not to post information or pictures while your personal injury lawsuit is pending. Many judges will order a plaintiff in a motor vehicle accident lawsuit to provide login information even for the personal areas of the injury victim’s social media webpages. It can be very embarrassing and damaging if you post pictures of playing tennis when you are having a good day, which the insurance company uses to claim that you are being dishonest about a debilitating back injury.
Do Not Speak to the Other Driver’s Insurance Representative
When insurance companies know you do not have legal representation, they view this as an opportunity. The insurance company adjuster may indicate that they are trying to settle your case and ask you to sign an authorization for medical or employment records or to make a recorded statement. While these requests are relevant to settling your case, they are usually intended to discover evidence to deny your claim or offer a token settlement. There is no requirement you provide a statement (recorded or otherwise) to the other driver’s insurance company so you should not do so. There is also no reason to permit release of your medical or employment records before consulting with an experienced Missouri personal injury attorney.
Do Not Cash a Settlement Check or Sign Documents Provided by the Other Driver’s Insurance
Insurance companies recognize that motor vehicle accident victims face financial hardships so they may try to issue you a check or ask you to sign settlement documents. This is a bad idea unless a personal injury attorney has reviewed the case and documents. Insurance companies are notorious for offering far less than the value of a claim to unrepresented parties because they know that a lack of knowledge about the value of a claim and the financial pressure may result in a quick low-ball settlement being accepted. Once a general release is executed, it may result in a waiver of ALL claims even those for injuries that are not immediately apparent.
If you or someone you love is injured or a family member dies in a Missouri motor vehicle accident, we urge you to avoid these mistakes and contact us if you have questions. Our experienced Missouri motor vehicle collision attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!