Mistakes To Avoid When Filing A Car Accident Lawsuit

Car accidents often result in property damage or injuries. You will not only have to deal with recovering from physical injuries, medical expenses, and emotional trauma; you also have to file a car accident claim. If you’re unfamiliar with the process, you’ll likely make many mistakes that could mess up the entire case. Understanding these mistakes can help you increase your chances of a successful settlement in your car accident lawsuit. Below we will list some of those mistakes and why you should avoid them.

Not Getting A Police Report

Failing to file a police report is a common mistake many people make and regret later. Police reports are critical documents that you can use to receive compensation. This report provides essential evidence required by the court, such as how the accident happened, the details of another driver, witness contacts and names, and other information required to recover compensation for your loss. Remember, it’s actually a crime not to call the police when an accident happens in some states. For example, in Florida, you must file a FLHSMV crash report within ten days of the incident. Never agree to settle the matter without involving the police. Remember, you don’t know how severe your injuries are or the extent of damage to your car.

Not Consulting With A Lawyer

Filing a case without consulting a lawyer is one of the biggest mistakes you can make. Lawyers help analyze cases, investigate the scenes, and establish the strong points to use. They also have excellent negotiation skills and can help you get the amount you were looking for without getting to the trial stage. They understand the car accident laws in your state better and know what can work in your favor.

Remember, these laws vary by state. That means a car accident attorney in Atlanta, GA, will likely handle the case differently from a lawyer in Houston, TX. Attorneys also help you avoid all the mistakes mentioned in this post, as they can guide you from the time the accident happens to the time you receive your settlement.

Not Gathering Evidence At The Accident Scene

If you sustain severe injuries, it’s understandable if you don’t get any evidence of the accident scene. However, other uninjured passengers in your car can help do it for you. They can use their phones to document the accident scene. They can also speak and record witness responses, which are vital evidence. If you were alone in the car, eyewitnesses could document the damage. If all this is impossible, ask if you can get road surveillance footage from nearby places that capture the accident as it happened.

Waiting Too Long To File The Claim

Many people focus on recovering from the accident and forget to file for compensation. Before they know it, it’s too late. Every state has a duration for filing a car accident lawsuit. If you wait too long, you may lose your right to seek compensation. The statute of limitations depends on the case type and jurisdiction. It’s essential that you ask your lawyer about the time limits in your state to avoid being locked out from the compensation.

Not Seeking Treatment

If you don’t go to the hospital and you’re filing a car accident claim for your injuries, how will the court establish that you were indeed injured in the accident? You should seek medical treatment before filing your claim. Whether you sustained severe injuries due to the impact of a crash or not, it’s crucial to keep in mind the likelihood of delayed onset injuries, especially internal injuries such as whiplash. Seeking medical treatment before filing the claim helps confirm that you indeed got injured and paid specific medical bills as a result.

Take your time to plan your lawsuit and get as much evidence as you can. Don’t be in a hurry to start. Work with lawyers and listen to their advice.