There have been many instances where a client’s careless actions have led attorneys to lose a potential case. Sometimes, people unintentionally make certain mistakes that hurt their case and affect the amount of compensation they could recover otherwise. Often, people avoid hiring an attorney and rely on their insurance companies to get the best possible settlement for their injuries from an auto accident, thinking that the insurer is working for their best interests. In reality, however, they try to minimize the value of your auto accident claim as much as possible in order to avoid paying large sums of money to you.
To make sure your actions do not lower the value of your auto accident claim, here we have shared a few common mistakes that most people make during their case.
Never sign any document without first getting it checked by your auto accident attorney. Sometimes, simple mini-tort releases have fine print that enables defendant’s insurance company to violate your privacy rights and access your medical records or waives future injury claims. It is best that you show every piece of paper that comes your way to the attorney before signing it.
Facebook, Instagram, Twitter, and other social media networks are public-facing websites where anyone can easily see your activity. Because they have become an integral part of our everyday life, they are thoroughly investigated by defense attorneys and insurance adjusters to gather evidence to minimize your claim. Even if you have set strict privacy settings, there are ways to access your pictures, videos, and other things shared you have shared on your account. This digital information can be used as evidence to prove that the personal injury from the accident has not affected you as you claim it to be, which can potentially affect your case.
One of the most important pieces of evidence in a personal injury case is the medical records and doctor’s opinion about your condition. Some people think they do not need to keep a commitment to their doctor’s appointments or avoid getting any therapy for recovery. However, in order to make your case stronger, you need to show that you are trying your best to get better. And for that, you should keep all prescriptions, braces, casts, medication bottles, and other items pertaining to your injury, so that they can be used to show the authenticity of your personal injuries.
One of the biggest mistakes accident victims make is not calling the police after a crash. Even if the accident seems minor, a police report provides an official record of the incident, which can be crucial for your claim. Insurance companies often rely on police reports to determine fault and assess damages. Without one, proving liability becomes more challenging.
Seeking medical attention immediately after an accident is essential. Some injuries, such as whiplash or internal trauma, may not show symptoms right away. If you delay treatment, insurance companies may argue that your injuries were not caused by the accident or are not severe enough to warrant compensation.
Illinois follows a comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. Admitting fault—even unintentionally—can hurt your claim. Avoid making statements that could be interpreted as accepting blame; let the investigation determine liability.
Strong evidence is key to a successful claim. Failing to document the accident scene, vehicle damage, and injuries can weaken your case. Take photos, collect witness statements, and keep records of medical expenses and lost wages. Thorough documentation makes it harder for insurers to dispute your claim.
Insurance adjusters may ask for a recorded statement soon after the accident. While they may seem helpful, their goal is often to minimize payouts. Anything you say can be used against you to reduce or deny your claim. It’s wise to consult an attorney before speaking with an insurance company.
Insurance companies often offer quick settlements that may not fully cover your expenses. Accepting an offer without reviewing the full extent of your damages can leave you with unpaid medical bills and financial losses. Always evaluate settlement offers carefully and seek legal advice if needed.
Illinois has a two-year statute of limitations for personal injury claims related to auto accidents. If you fail to file within this timeframe, you may lose your right to seek compensation. Certain exceptions may extend the deadline, but it’s crucial to act promptly.
Auto accident cases are complex and involve a lot of intricacies that can lead a person to make potential mistakes, hurting their ability to recover adequate compensation for their injuries. It is recommended to work with an experienced auto accident attorney to make sure you do not end up making the above mistakes and affecting your claim. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 in Antioch Illinois or online today to schedule your initial consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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