Getting hurt in an accident is stressful enough without worrying about whether you’re doing something that might damage your claim. Unfortunately, we see people make the same preventable mistakes over and over again. These missteps can cost them thousands of dollars in compensation they deserve.
At Polchinski & Smith Personal Injury Lawyers, we’ve represented injury victims across Oklahoma for decades. We know what insurance companies look for when they’re trying to reduce your settlement. Here are five mistakes you need to avoid.
Waiting Too Long To See A Doctor
Some people think their injuries aren’t serious enough to warrant medical attention right away. Others can’t afford the upfront costs. But delaying medical care creates problems for your claim. Insurance adjusters will argue that your injuries aren’t as bad as you say they are. They’ll claim the gap between your accident and your first doctor’s visit means something else caused your pain. Even if you feel okay initially, adrenaline can mask injuries that show up days later.
Get a medical examination immediately after an accident. In doing so, you begin creating a solid paper trail that connects any potential injuries to the incident, making it easier to recover damages and medical expenses.
Giving A Recorded Statement To The Insurance Company
The other driver’s insurance company might call you within hours of the accident. They’ll sound friendly and concerned. They’ll ask you to give a recorded statement about what happened. These adjusters are trained to get you to say things that hurt your case. They’ll ask leading questions designed to make you downplay your injuries or accept partial blame. Once you’re on record, you can’t take those words back. Politely decline and tell them your Edmond personal injury lawyer will be in touch. You’re not required to give them a statement, especially not before you’ve talked to an attorney.
Posting About Your Accident On Social Media
You might think sharing updates with friends and family is harmless. It’s not. Insurance companies and defense lawyers regularly search for social media posts to use against injury victims.
That photo of you smiling at a family gathering? They’ll use it to claim you’re not really in pain. That comment about going back to the gym? They’ll argue your injuries aren’t limiting your activities. Even innocent posts can be twisted to undermine your claim. The safest approach is to stay off social media entirely while your case is pending. If you must post, never discuss your accident, your injuries, your medical treatment, or your legal case.
Accepting The First Settlement Offer
Insurance companies often make quick, low settlement offers, hoping you’ll accept before you understand the full extent of your damages. These initial offers rarely account for:
- Future medical expenses
- Lost earning capacity if you can’t return to your old job
- Long-term pain and suffering
- Permanent disabilities or scarring
Once you accept a settlement and sign a release, that’s it. You can’t come back later for more money if your injuries turn out to be worse than you thought. An Edmond personal injury lawyer can evaluate whether an offer is fair based on the true value of your case. We’ve seen people settle for $10,000 only to discover they needed surgery that cost three times that amount.
Failing To Follow Your Doctor’s Treatment Plan
Missing appointments, not taking prescribed medications, or ignoring your doctor’s advice gives insurance companies ammunition against you. They’ll argue you’re not really hurt if you’re not bothering to get treatment.
We understand that medical care is expensive and time-consuming. You might have work obligations or family responsibilities that make it hard to attend every appointment. But gaps in your treatment history will be used to devalue your claim. If you’re having trouble affording care or keeping appointments, talk to your lawyer. There may be options like medical liens or payment plans that can help you stay on track with treatment.
Protect Your Rights After An Injury
These mistakes are common, but they’re also preventable. The best way to protect your settlement is to work with experienced legal representation from the start. We handle the insurance companies, protect you from their tactics, and fight for the full compensation you deserve. Don’t let a preventable mistake cost you the money you need to recover. Reach out to our team today and let us handle your case the right way.
