Common Mistakes That Can Hurt Your Personal Injury Case in Baltimore
When someone is injured in a car crash, the decisions made in the days and weeks that follow can significantly affect the outcome of a personal injury claim. Many people unintentionally damage their chances of receiving fair compensation by overlooking critical steps or trusting insurance adjusters to act in their best interest. Personal injury law is complex, and insurance companies are not on your side.
When you are dealing with a personal injury, the last thing you want is to make mistakes in your claim. These errors can significantly delay your compensation or even nullify it altogether, leaving you to grapple with mounting medical bills and lost income. It is crucial to understand the claims process thoroughly, as even minor oversights can have serious repercussions.
Your first step to getting compensation is filing a personal injury claim against the at-fault insurance company. Personal injury is the legal term used to describe any case that involves injury to your body, mind, or emotions – and if you are the plaintiff, you may be able to recover compensatory damages, either economic or non-economic, for what you have endured.
However, in-order-to make sure you receive the compensation you deserve, it is important that you follow all the right steps and avoid making mistakes before or during the claim filing process. A Maryland personal injury claim can quickly go off track if you make certain avoidable mistakes early in the process. At the Law Offices of Larry B. Litt, we have seen how small missteps can lead to big losses. If you want to protect your personal injury claim and maximize your compensation, avoid these common (and costly) mistakes:
Not Calling the Police or Making a Police Report After a Car Accident
One of the biggest mistakes you can make is failing to call the police after an auto collision. In Baltimore, police reports are often crucial in personal injury claims. A police report provides an official record of the car crash; including the date, time, location, names of parties involved, witness information, and statements, and possibly the officer’s opinion on who was at fault for the collision. The police will investigate the scene and report details that can help serve as evidence to support your claim with the insurance companies. Without it, your case may end up being a word vs word claim.
Delaying Medical Treatment
If you wait too long to see a doctor, the insurance company may argue that your injuries are not serious – or that they were not caused by the car accident. If you are not taken to the Emergency Room from the scene of your accident by Ambulance, make sure you see a doctor right away, even if you do not have visible injuries, because a doctor’s exam can reveal injuries that might not present immediately after your car collision. A doctor will have medical reports and diagnosis documents providing the injuries you have suffered are a direct cause from the auto accident. Be sure to keep all doctor’s appointments, stay consistent, and follow medical advice. Keep records/receipts from all treatments/prescriptions. This demonstrates that your injuries are real, ongoing, and worth compensating.
Not Following Your Doctor’s Orders
Another common mistake is not sticking to your medical treatment plan. If you skip follow-up appointments, physical therapy sessions, or do not take prescribed medication, it could hurt your personal injury claim. Insurance adjusters may say you did not do everything you could have done to recover or that you were not really hurt. This can lower the amount of money you receive at the time of settlement or at trial if your case needs to go to court. Follow your doctor’s orders closely and keep records of your doctor visits and all medical treatment.
Talking to the Insurance Adjusters Without an Attorney
After your auto accident, you will probably be contacted by the insurance adjuster that was assigned to handle your claim. The adjuster will ask questions about your injuries, how the accident happened, and your current condition. They will try to get a recorded statement from you and try to obtain access to your medical records. The adjuster may offer you a quick, low settlement and pressure you to accept it. The purpose of this call is not to help you in any way. Get the name, claim number, and phone number of the adjuster and refer them to your auto accident attorney. Insurance adjusters may seem friendly, but their job is to keep as much money as they can in their pockets. If you speak without your lawyer present, they might use your words against you later down the road. All calls with the insurance adjusters are recorded.
Posting About Your Car Crash on Social Media Platforms
In today’s world, it may be tempting to post details or pictures of a car accident or your injuries on social media platforms such as Facebook, Instagram, Snapchat, or Tik Tok. But the information that you post or share on the internet could be considered later in an investigation. Social media can be dangerous during a personal injury case. You should not post anything about your auto accident or injuries on any social media platform until you have had a chance to discuss your claim with an auto accident lawyer. The at-fault party’s insurer will look for anything you post and try to use it against you, if possible. You should avoid posting anything about your car wreck or your recovery. We recommend you stay off social media altogether until your personal injury case is resolved.
Not Gathering Evidence at the Accident Scene
Anyone needing medical attention after an accident should be a priority. After that, try to document on-site details of the auto collision, using your smartphone or camera if you have one available. Some helpful evidence that you can collect yourself include: the visual damage, the scene and time of day, other drivers’ insurance and license information, witness information, and visible injuries. The longer you wait, the harder it can be to gather evidence, find witnesses, and build a strong case.
Ignoring the Statute of Limitations
Maryland law sets a time limit – called the statute of limitations – for filing a personal injury lawsuit. The statute of limitations for an auto accident in the state of Maryland is three years from the date of injury/accident. This might seem like a long time, but the process of negotiation can be slow and tedious, so you should not wait to file your personal injury claim. It is best to contact a car accident attorney who will be sure you adhere to all deadlines and other procedural requirements in your case. If you miss the statute of limitations deadline by even one day, your claim or lawsuit is likely to be dismissed, preventing you from ever recovering compensation for your damages.
Admitting Fault, or Saying “Sorry” at the Accident Scene
Apologizing after an accident may seem like the right thing to do, but it could work against you. Comments that you make about the accident at the scene could be used later as evidence, so be cautious about your words. Do NOT ever admit full or partial responsibility for your auto wreck, or injuries to anyone at any time. Since Maryland follows a contributory negligence standard in personal injury claims, being found even one percent at fault for your own injury or damages can bar you from recovering any compensation. Even if you believe you were at fault for the accident, you may not know the full details of the car crash yet. There could be factors you are unaware of – like the other driver being distracted or a broken traffic signal.
Car accidents can be overwhelming and stressful experiences, and it is crucial to handle them properly to ensure your safety and protect your legal rights. In Maryland, where traffic accidents are unfortunately common, it is important to be aware of the common mistakes many people make after an accident. Failing to take the proper steps after a car crash could lead to your rights not being respected, taking on the fault of the accident, or your insurance claim being denied.
Have You Suffered an Injury Due to an Auto Accident Crash? Contact Our Maryland Personal Injury Attorneys Today!
A Maryland personal injury claim can quickly go off track if you make certain avoidable mistakes early in the process. The experienced Maryland personal injury lawyers at the Law Offices of Larry B. Litt can help you avoid mistakes and will fight to get you fair compensation.
A car accident lawyer from the Law Offices of Larry B. Litt, will work with you to fight for the financial award you deserve, keeping your best interests in mind. You might not want to wait to reach out, as it takes time to build a case before the Maryland statute of limitations runs out. The sooner you contact us, the sooner we can get to work on your behalf. Call us at 443-844-1528 today for a free initial consultation with a member of our legal team. You pay no attorney fees unless we win your case.