By Gary Thompson, Personal Injury Attorney
Unfortunately, accidents rarely warn us before they strike. Whether you’re sideswiped in a grocery store parking lot, slip on a wet restaurant floor, or get rear-ended during your daily commute, what you do in the minutes and days after your accident can have a huge impact on your case.
Over the years, I’ve seen countless personal injury claims weakened, or lost altogether, by a few common avoidable missteps. To help you navigate those pitfalls, here are the top five mistakes people make:
- Not Calling for Medical Help Right Away
It’s human nature to try to “walk it off” after a fall, slam, or jolt, especially if you’re embarrassed or in a public place. But delaying medical care is not just bad for your health – it gives the insurance company a foothold for denying your claim.
Even if you feel okay, get checked by a doctor or EMT. Medical records are your proof, and immediate care shows you took the injury seriously.
- Failing to Report the Incident
If you’ve been injured, it’s important to make sure there is an official record as soon as possible. Tell whoever is responsible for the property – security, the store manager, a supervisor, or, if it’s a car accident, call the police.
Case Study Example:
Joe tripped over a loose rug at a hotel. He mentioned it to a front desk clerk but didn’t ask for an incident report or get anything in writing. Later, the hotel claimed they were never notified, making things much tougher for Joe’s claim. Had he insisted on a written incident report, Joe’s case would have been a lot harder for the hotel to dispute.
Always ask for a written report and get a copy for your records. If it’s a car accident, request the official report number from the police.
- Not Gathering Evidence
Time is critical. Evidence can disappear quickly – spilled drinks are mopped up, hazard cones are put out, and witnesses scatter. Photos and witness statements are often the key to a successful case.
Always snap photos of the scene, your injuries, and anything that contributed to the accident (uneven flooring, poor lighting, liquid spills, etc.) and ask witnesses for their contact info.
- Posting on Social Media
It may be tempting to share your ordeal or reassure friends and family that you’re “okay,” but anything you post can be used against you. Insurance firms and defense lawyers routinely monitor social media for evidence to poke holes in your claim.
Case Study Example:
After a slip and fall, Janice posted pictures from a friend’s birthday dinner out, smiling and raising a glass, just two days after the accident. Despite being in agony for days whenever she walked, the insurance company used those images to suggest she wasn’t badly hurt and offered a much lower settlement.
Avoid posting about your accident, injuries, or activities. Even seemingly innocent updates can be taken out of context.
- Settling Too Fast
When medical bills start piling up, it’s tempting to accept an early offer from the insurance company. But those first offers are almost always low, and once you settle, you can’t go back for more if new injuries show up.
Don’t feel rushed. Injuries can take days or even weeks to fully show up. Consult an attorney first to make sure your rights, and future, are protected.
Why Clients Trust Me
I guide my clients through every step, so you know exactly what’s happening. I’ll gather the evidence, deal with insurance companies, and fight to make sure you aren’t shortchanged – no pressure, no legal jargon. I only get paid if you do, and with over three decades serving Nevada, I know the local court system and the tricks insurance adjusters use.
If you or a loved one have been injured whether it’s at work, in a store, on the road, or anywhere in between, make sure to talk with an expert before making any decisions. My consultations are always free; call me at (702) 383-6040 to learn how to protect your rights.