Getting into a car accident in NYC is an overwhelming experience. Between dealing with injuries, insurance calls, and the general chaos that follows, the last thing you want to do is damage your case. However, this happens far more often than most people realize. Personal injury cases are complex, and missteps can happen at any stage. Insurance companies and defending parties often look for these mistakes with a fine-tooth comb. That’s because it gives them the justification they need to reduce your compensation.
At Alex Yadgarov & Associates, we’ve seen how mistakes hurt even the strongest cases. As your Queens car accident lawyer, we want to help you get the compensation you deserve. In this post, let’s take a look at some common mistakes and what you can do to avoid them.
What Mistakes Can Hurt Your Personal Injury Case in NYC?
In a personal injury case, the ability to secure a favorable settlement depends on the quality of the case. When mistakes are made, your case can lose its credibility, which will give the opposing party the opportunity to justify a reduction in compensation. In the worse case, some mistakes can even prevent you from filing your personal injury case.
Delaying treatment and gaps in medical care
When you’re injured in an accident, seek immediate medical treatment. While some injuries are apparent, some will only show symptoms after a few hours or days. (e.g., internal injuries).
Getting proper medical attention will save your life and can help prevent long-term consequences. At the same time, the medical records generated are useful pieces of evidence.
When you delay receiving treatment, you run the risk of making your injuries worse. As such, delays and gaps will allow the insurer to argue that the injuries are unrelated to the accident or that you failed to mitigate risk and injuries.
Not reporting the accident
In New York, when the accident causes death, injury, or property damage exceeding $1000, the police must be notified and an accident report must be filed. When not done, it prevents an official record from being created and looks like you have something to hide.
Failing to collect evidence at the scene
Evidence such as photos and videos of the accident and witness statements make the backbone of your case. When this evidence is not preserved, it becomes incredibly difficult to build a compelling case and dispute liability.
Admitting fault or apologizing for the accident
Even a simple phrase like “I’m sorry” can be considered an admission of liability and be used to justify a reduction in compensation.
Giving recorded statements
Following an accident, you can expect an insurance adjuster to contact you to get a recorded statement. When your statements differ, it can be used to challenge your credibility. At the same time, when details of injuries are mentioned, the other side will try to limit you to the description, even when your injuries get worse.
Posting about the accident on social media
When you post about the accident on social media or post something contrary to what you’ve described your condition to be, it can be used against you to say that you’re not as hurt as you claim to be.
Assuming insurance companies look out for your best interest
At the end of the day, an insurance company is a profit-making enterprise. That’s why adjusters are instructed to look for any way to delay, reduce, or even deny your settlement payout.
Accepting the first settlement offer too quickly
Insurance companies will be quick to offer a settlement. These offers tend to be far less than what your case is worth. They hope that the prospect of quick cash will be hard to resist. Also, when you accept a settlement, you give up the right to take further action on the matter.
Ignoring legal deadlines
In New York, the statute of limitations requires that a personal injury claim be filed within three years of the accident. Failing to do so means you lose the right to file legal action and claim compensation.
Waiting too long to seek legal advice
People tend to look for lawyers when their case has gone south. Proper legal assistance can help you build or salvage your case before it’s too late.
How Can You Protect Your Personal Injury Claim?
Now that you know some of the most common mistakes that can hurt your case, here’s what you can do to prevent them.
- Seek immediate medical attention
- Do not go against medical advice or deviate from treatment plans.
- Preserve evidence at the scene
- Keep organized and detailed records
- Document expenses and lost wages
- Do not admit fault or apologize for the accident.
- Do not discuss the case publicly.
- Do not give any recorded statements.
- Do not accept a settlement offer without prior consultation
- Contact a Brooklyn car accident lawyer to understand your rights and liabilities.
Conclusion
There are several mistakes that can impact the likelihood of securing a fair and favorable settlement. Make sure to take extra care to avoid them securing the compensation you deserve. If you want an experienced accident lawyer in NYC to help you with your case, Alex Yadgarov & Associates is the place for you. Contact us today and schedule a free consultation.
