When involved in an auto accident lawsuit, your day-to-day activities will be scrutinized by insurance adjusters and defense attorneys looking for proof that your injuries are not severe or life-altering enough to recover damages. The following are ten common mistakes victims make that can harm their car accident case.
1. Underestimating insurance companies:
Expect that your auto insurance company and at-fault driver’s insurance company will conduct surveillance and hire investigators to take photos and videos of you at some point during your case. If you have tried to do a task, admit you’ve tried it. Most people will understand if you had a good day, and attempted to do something. But no one understands when an auto accident victim denies something that is later caught on surveillance video.
2. Signing away your rights:
Do NOT sign ANYTHING until you check with your auto accident lawyer. Even seemingly innocent papers such as car damage (mini-tort) 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. Always check with your car accident lawyer first.
3. Talking about your case:
Insurance adjusters, defense lawyers, and sometimes jurors may try one day to contact you. Do NOT talk about your case with ANYONE hired by the at-fault driver or insurance company. If an adjuster wants to ask about your case, have them call your car accident lawyer.
4. Divulging information on Facebook, Twitter and other online forums:
Defense attorneys and insurance adjusters will investigate your MySpace, Facebook and related Web pages, blogs or Twitter accounts – even when set as ‘Private’ – and look for things that can help their case against you. The purpose of this Internet research is to attempt to show that you are not as injured as you claim. So be careful about postings and photos of your activities. Avoid posting new items and remove any items that can be used to discredit you. One example is a truck accident victim who posted pictures of himself skiing on Facebook. Even though the activity occurred before the accident, the mere accusation of fraud by defense lawyers can have an affect on suspicious jurors.
5. Missing doctor appointments:
Do not miss doctor’s appointments. Not going to the doctor may be interpreted as a sign that you are not hurt, or don’t take your case seriously. Listen to your doctors, and follow their advice. It’s very important for you to show that you’re working hard to recover, and keeping appointments is an important part of that.
6. Disposing of important evidence of your injuries:
Save all pill bottles, casts, braces, prescriptions and any other items from your doctors. These will be used to prove you are truly injured.
7. Forgetting to document your injuries:
Anytime you have a surgery or a visible injury, take pictures. Or contact your auto accident lawyer and he will send a photographer to document your injuries before it’s too late. Videos are also great tools to show a jury or an insurance company adjuster just how difficult things have been in the days and weeks following your personal injury or after a surgery. In addition, take pictures of car damage. Crash repair estimates are often misleading and don’t reflect the full amount of vehicle damage.
8. Renewing licenses:
Defense attorneys and their investigators can easily obtain access to commercial driver license (CDL) information from the secretary of state, as well as 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, do not renew those licenses until you speak with your lawyer first. Evidence showing that you renewed one of these licenses while recovering from your accident may convince a jury your injuries are not as severe as stated.
9. Failing to notify your attorney about job changes and moving:
Anything after your auto accident regarding changes in your job, job duties and salary is very important to discuss with your attorney. Notify your attorney if you are moving, if you have been put on further restrictions at work or have to miss more work due to your personal injuries. The more informed your lawyer is about how your injuries are affecting your job and your life, the better he can work towards obtaining fair compensation for you.
10. Poor communication:
The best way to avoid mistakes in a lawsuit is to maintain excellent communication with your car accident lawyer. There are so many confusing laws that can wreak havoc on an automobile accident case, even when people are trying to be truthful, honest and do the right thing.
The best advice remains the simplest: Call your car accident lawyer if you have a question, and certainly before doing something that can have an important impact on your case.
By: Steve Gursten
Posts Tagged ‘Investigators’
Car Accident Lawsuits – Ten Mistakes That Can Hurt Your Case
January 13th, 2010Legal Ethics – Is It Proper For A NY Lawyer To Solicit An Accident Victim After A Car Crash?
November 3rd, 2009
Q: My mother was in a car accident last week, and already she’s gotten letters from lawyers asking if she’s ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?
A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be acceptable for an attorney to send such a letter to a victim of an accident. The majority of lawyers feel such a letter to a victims’ home is demeaning and degrading. Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured victim to come to them as a client.
The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how do you choose which attorney to use when you’re inundated with a flood of letters from different lawyers promising to help you with your accident claim?
The answer is simpler than you think. Ask yourself why a an attorney would even bother to send such a letter. Are they really that desperate to need to send such a letter? How did they get your name anyway? I’ll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was from an ambulance technician. Maybe it was from a police blotter at the police station. (That’s public information that many investigators working for lawyers troll for in various police stations).
Ask yourself another question. Do you let a stranger into your house simply because he says he saw you need a paint job, and amazingly, he’s a painter who is willing to paint your house for a great price? Did you call him? No. Did you seek out other customers of his to determine if he’s reliable and professional? No. He just showed up while trolling through the neighborhood. Is this the type of painter you want working in your house? I don’t think so.
The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident. What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn’t a good lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people will answer the letter? The choice, as always is yours. Make an informed choice.
By: Gerry Oginski