Personal injury claims are more complicated than many victims anticipate. They expect to fill out a couple of forms, submit medical bills, and then wait patiently for a check to arrive from the insurance companies. The reality of a personal injury case is very different. Contact Griffin Law Firm, P.C., for help if you were hurt in a motor vehicle collision or any other accident. Our Warner Robins, GA, personal injury lawyer can provide personal injury claim advice and, if hired, advocate for you. Below, we highlight the most common mistakes you should avoid after an accident.
Failing to Document the Accident
As the injured victim, you have the burden of proving fault for the accident. Depending on your accident, you might need to prove:
- Distracted or negligent driving;
- Intoxicated or fatigued driving;
- Failure to maintain safe premises;
- Failure to restrain a dog reasonably; and
- Inadequate security.
Cases stand or fall based on evidence. As the victim, you can certainly offer your perspective on what happened. But insurance companies want supporting evidence that backs up your version of events.
A major mistake is failing to document the accident scene. Use your phone to take pictures of any vehicles involved in a crash or any hazard on the ground which caused you to fall. Get a picture of any dog that bit you.
Neglecting to Speak with Witnesses
Witnesses can also provide their perspective on what happened. Try to speak to witnesses at the accident scene and ask for a phone number or email. They can speak to your Snellville personal injury lawyer about what they observed. In the absence of video evidence, witnesses are important in helping us reconstruct what happened.
Trying to Handle Your Own Georgia Personal Injury Claim
One of the mistakes to avoid in a personal injury claim is handling a case on your own. Some people have submitted insurance claims before, possibly for a minor car wreck or a property damage claim. They think this experience will help them with a significant personal injury case.
However, cases are more complex any time a person suffers a bodily injury. There is a dispute over the value of your claim, including the value of pain and suffering.
A lawyer does more than offer personal injury claim advice. They also find evidence to reconstruct what happened to identify liability. Our law firm can also draft a compelling demand letter and negotiate for a fair settlement.
Georgia law does not require that you hire a lawyer after an accident. But those with attorneys tend to receive more compensation. Insurance companies know they will need to treat you fairly.
Failing to Go to the Hospital for Treatment
Go to the hospital soon after an accident. Early medical treatment will improve the odds that you can heal from your injuries. A doctor can order an X-ray or other imaging tests to see what is wrong. Prompt treatment could save your life and improve the odds of a full recovery.
By going to the hospital, you document the injuries so the defendant cannot allege you are making them up. Remember to keep documents related to medical care, such as bills and test results. Share these with your lawyer.
Admitting Fault for the Accident, Even by Mistake
A major mistake is saying anything that might be interpreted as an admission of fault. For example, you might admit that you drove home from a bar after having a couple of beers, or you were tired when you got behind the wheel. The defendant will seize on these statements to show you are at least partially at fault. Even a simple apology at the accident scene could be used against you.
Georgia has a strict comparative negligence rule. (Georgia Code § 51-12-33(g)). If you are 50% or more at fault for your accident, you are barred from receiving compensation. That will mean no money even for serious injuries.
Someone who is less than 50% at fault will see their compensation cut proportionally. That means a victim who was 45% to blame will only receive 55% of their damages (at most).
These are serious consequences. Injured victims should not say anything that undermines a personal injury claim. For this reason, avoid giving any type of recorded statement, at least until you hire a lawyer to represent you.
Posting About Your Case on Social Media
This is another critical error. Too many people post information on Facebook, Instagram, TikTok, or YouTube. The defense team can see anything you post on a public profile. They might scour your social media profiles for evidence, such as:
- Explanations of what happened. You might accidentally say something that sounds like an admission of negligence on your part.
- Photos showing you after the accident. These pictures could show you smiling and enjoying yourself. The defense team will claim you are not injured.
- Evidence that you are traveling after the accident. The more you travel, the more it looks like you are not injured.
Set your profile to private and avoid posting about anything until your case is over. We also recommend that you don’t add any new friends.
Accepting the First Settlement Offer
An insurance company might quickly offer a settlement. You can be sure it is too low. Georgia insurance companies have grown so large because they always have an eye on their bottom line. They will offer too little and hope you are desperate enough to accept it.
Instead of accepting a settlement, hire a lawyer to review the offer. We can use our experience to judge if the offer is fair and negotiate to increase the amount on offer.
Contact Our Warner Robins, GA Personal Injury Attorney
Griffin Law Firm, P.C., has helped those in the 31088 zip code for years with personal injury cases.
We believe accident victims deserve respect, so we started our firm to ensure their voices are heard after a serious accident. Our experience runs the gamut from car accidents to premises liability cases. Call our office at 678-968-2414 to schedule a free consultation and discuss what mistakes to avoid in a personal injury claim.