Things That Ruin a Car Accident Case | Kisling, Nestico & Redick
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Car accidents can be a traumatic and life-changing experience if you’re injured. Those affected are often left to struggle with physical pain, damage to their vehicle, and an inability to work. To secure financial relief after a car crash, the victim usually must pursue a personal injury claim against the at-fault driver. While filing an insurance claim or lawsuit may seem straightforward, a lot can go wrong, especially if you didn’t cause the accident.

Several factors can ruin a car accident case for the injury victim, potentially leaving them without the compensation they need to recover fully. Here are the most common things that can ruin a car accident case and how to avoid them to maximize your chances of getting everything you need and deserve.

If you or a loved one are hurt in an Ohio car accident and need help, call the Ohio car accident lawyers at KNR. We take the pain out of the legal process by offering free case evaluations, never charging fees upfront, and we only get paid when you get compensation. Call 1-800-HURT-NOW Today.

Things That Negatively Affect Car Accident Cases

The aftermath of a car accident is stressful, overwhelming, and confusing. You may be entitled to compensation if another driver’s negligence caused the accident; however, some things can hurt your claim.

Injury victims need to understand the potential pitfalls that could ruin their case so that they can take the necessary steps to protect their rights and interests.

Here are the things that can ruin your car accident case:

Delaying Medical Treatment

One of the most significant ways people hurt their car accident case is by waiting for medical care. After a car crash, it is important to seek medical attention as soon as possible, even if the injuries seem minor.

Delaying medical treatment can make it harder to prove that the accident caused the injuries. Without a timely diagnosis, insurance companies and defense attorneys may argue that your injuries were not caused by the accident or were pre-existing conditions.

Additionally, you could make your injuries worse by waiting. Some injuries, like whiplash, may not present symptoms immediately after an accident but can worsen over time if left untreated.

Not Following Through with Medical Treatment

It’s not enough to just see your doctor once. To get full and fair compensation, injury victims must follow through with the recommended treatment plan provided to them by medical professionals. This may include medications, physical therapy, surgeries, or other forms of medical care. Failing to follow through with prescribed medical treatment can be used to suggest that your injuries were not severe enough to require ongoing attention.

Admitting Fault or Apologizing at the Accident Scene

People frequently admit fault or apologize at the accident scene even if they were not the cause. Usually, they do this to express empathy, show concern for others or try to diffuse a tense or emotional situation. But you could be doing more harm than good.

Admitting fault or apologizing can be used as evidence that you were responsible for the accident or at least partially to blame for your own injuries. This can reduce what you can recover under Ohio’s comparative negligence law. Admitting fault or apologizing can also discredit your version of events, making it more difficult to prove liability.

Not Gathering Evidence at the Accident Scene

Gathering evidence at the scene of the accident is critical to the success of your car accident case. Unfortunately, many victims fail to gather the necessary evidence, including taking photographs of the accident scene and the vehicles involved, obtaining contact information for any witnesses, and getting a copy of the police report.

Failing to gather these items can make it harder to investigate and determine whether the other party’s negligence was the root cause.

Posting About the Accident on Social Media

Nowadays, sharing information about your life on social media is common. It may feel like your outlet in a frustrating situation, but posting about a car accident or your injuries on social media can be detrimental to a personal injury case.

Insurance companies and their lawyers will pay attention to your posts. Anything posted on social media can be used as evidence. This can include photos, videos, comments, and even status updates. It could be argued that you are exaggerating the severity of your injuries or the impact on your life.

Giving a Statement without an Attorney

When you’re injured in a car accident, the at-fault party’s insurance company will do whatever it can to lock you into an official statement about what happened. They do this hoping you won’t consult a lawyer about your rights.

Anything said in a statement can be used as evidence, and you may make a statement that hurts your case. Without a lawyer present, you may suggest that you share some blame or that injuries are less severe than they are.

It is always best to have an attorney when communicating with the insurance company after a car accident. A lawyer can provide invaluable legal advice and help ensure your rights are protected.

Accepting a Settlement Offer Without an Attorney

Insurance companies make money by collecting premium payments and doing everything possible to reduce or deny paying out claims. Because they aim to make a profit, they will try to offer the lowest compensation they think you will accept.

They may pressure you to accept quickly, downplay your injuries, advise against getting a lawyer, or even tell you that you share the blame. Remember that you do not have to accept the insurance company’s offer. Compensation like this is a negotiation, and by accepting too little, too fast, you may not consider the lifelong costs of your injuries and forego the ability to recover more in the future.

Not Being Aware of the Statute of Limitations

The statute of limitations is a legal deadline for filing a lawsuit or claim. In Ohio car accident cases, you have two years to file a personal injury claim from the date your cause of action arises. In most cases, this is the day of your accident.

If you miss the statute of limitations deadline, you may lose your right to file a lawsuit or claim for compensation. It is crucial to file your claim within the statute of limitations to protect your rights and increase your chances of receiving fair compensation for your injuries and damages.

Failing to Document Accident-Related Expenses & Losses

There is a lot to keep track of during a car accident case. But you are at a significant disadvantage without sufficient documentation about your various losses and how a car accident negatively impacted your life.

When pursuing a car accident case, it’s important to keep track of all expenses and losses directly related to the accident, such as medical bills, lost wages, vehicle repair costs, and other out-of-pocket expenses.

Failing to document these expenses and losses can make it harder to prove the full extent of your damages and may result in you receiving less compensation than you deserve. Keep detailed records of all expenses and losses related to the accident, including receipts, bills, and invoices. You may also want to consider consulting with an attorney who can help you gather and organize the necessary evidence to support your case.

Failing to Hire an Experienced Car Accident Attorney

Finally, remember that car accident cases can become complex fast and involve a lot of legal and technical issues. A knowledgeable attorney can help you navigate the process to protect your rights and pursue the best possible outcome.

A skilled attorney can help you with the following:

  • Investigate: An attorney can thoroughly investigate the accident to determine who was at fault and gather evidence to support your case.
  • File a Timely Claim: A lawyer can determine the statute of limitations for your specific case and ensure that you file your claim or lawsuit within the time frame.
  • Calculate damages: A lawyer can help calculate the full extent of your damages (now and in the future), including medical bills, lost wages, property damage, and pain and suffering.
  • Negotiate: An attorney can negotiate with insurance companies on your behalf to ensure you receive a fair settlement.
  • Fight for you in court: Most cases settle, but if your best option is a trial, an attorney can represent you and argue your case to a judge and jury.

Failing to hire an experienced attorney can make achieving a favorable ending challenging, and you may receive less compensation than you deserve. That’s why it’s a good idea to consult with an attorney as soon as possible after a car accident to protect yourself and ensure your case is handled correctly.

Contact KNR for a Free Consult

Our Ohio car accident attorneys want you to keep more of the compensation you’re entitled to, so you can move on without the pain of uncertainty. At Kisling, Nestico & Redick, we can help you avoid the pitfalls of filing a car accident claim and will use every available resource, so you recover physically and financially.

For a free, no-obligation evaluation of our case, call 1-800-HURT-NOW today.