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Often times, victims injured in car accidents make mistakes that impact their injury case. These are mistakes which are avoidable. What are they and how do you avoid them?

Personal injury claims refer to incidents when someone sustains physical and/or emotional injuries. Simple examples include car accidents, truck accidents, bus accidents, construction site accidents, motorcycle accidents, pedestrian accidents, train accidents, slip and falls, dog bites, food poisoning, burn injuries, and using defective products. This article only focuses on accidents. Other articles will focus on other types of personal injury cases.

Mistake number 1 - trying to handle your own injury case: 

One mistake that is often made occurs when the person injured in the accident tries to handle his or her own injury claim. 

After an accident, an insurance adjuster will be assigned to handle any injury claims filed against the party responsible for the accident. This adjuster will then follow the insurance company’s guidelines on how to cheat the accident victim. 

The adjuster has one goal in mind: “settle the injury claim fast before the victim speaks with an attorney and pay as little as possible.” To accomplish this goal, the adjuster will contact the injured party to determine if an injury claim will be submitted. 

Adjusters generally fall under two categories - courteous or abrupt. Some adjusters choose to be courteous to the injured party because they know that if they are too aggressive, then the injury party will be more inclined to contact an injury attorney. Others are abrupt because they try to bully and scare the injured party into not submitting an injury claim or settling the claim for a nominal amount. 

If liability is undisputed, the adjuster will usually resolve the property damage quickly. This gives the injured party a false sense of security that he or she can handle the injury claim without an attorney.

The adjuster will then offer a little bit of money to the injured party (usually between $500 and $1,000) to entice him or her to take it. This is similar to dangling the proverbial carrot to see if the injured party bites. Here is the problem: the money offered is never enough to pay for the injuries. It is never enough to pay for all the medical bills and the adjuster offers nothing for the injured party’s pain and suffering. So, if the injury party accepts the money, then he or she is out of luck and will be responsible for his or her own medical bills and receive nothing for pain and suffering.

Avoiding this trap: 

Avoiding this trap is simple - contact an injury attorney after an accident. Remember that most personal injury attorneys handle accident cases on a contingency basis. So, it costs you nothing to speak with such an attorney.

Mistake number 2 - giving a recorded statement: 

Often times, the insurance adjuster will also ask for a tape-recorded statement from the accident victim. This statement is for the benefit of the insurance company only, which is why the adjuster will ask for the statement as soon as possible and before the injured party has retained an attorney and before the party is fully aware of the extent of his or her injuries.

When taking the statement, the adjuster will attempt to corner the injured party into a position of little or no liability and little to no injuries. Remember that the insurance adjuster taking the statement (even one from the injured party’s own insurance company) is not on the injured party’s side, but only on the side of the insurance company responsible for paying the claim.

Avoiding this trap: 

This trap can simply be avoided if you contact an injury attorney before giving a pre-recorded statement. If you need to give such a statement for your property damage, limit it only to property damage and tell the adjuster you do not wish to discuss your bodily injury claim without first speaking with an attorney. Remember that things you say and do not say, can and will hurt you.

If you have been involved in a construction site related accident or injury, please give us a call. We will provide you with an honest and complete assessment and educate you as to your options. There is never a fee unless there is recovery in the case. Please contact us at (661) 362-0805 or e-mail us at mason@mrscvlaw.com for a free case evaluation.

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