If you have never been injured in an accident and you have never had to file an injury claim, it is easy to make a mistake that can cost you thousands of dollars. Some mistakes can result in your claim being dismissed entirely. You are not trying to do something that may harm your personal injury case; however, you just have never had to deal with filing an accident claim.
For this reason, we urge you to contact our office for a free consultation with an experienced Lexington personal injury attorney. We have experience handling these types of cases, and we can provide you with the support, advice, and resources necessary to hold the person who caused your injury liable for your damages and losses.
Common Mistakes in Kentucky Accident Cases
Failing to See a Doctor
This mistake is that can harm your health as well as your accident claim. Some injuries do not immediately present symptoms, but these injuries can be very serious and cause permanent damage. Even if you don’t believe you are seriously injured, you need to see a doctor as soon as possible after an accident to protect your health and to document your injuries for your accident claim. If you delay seeking medical treatment, the insurance company for the other party will allege that your injuries are not as serious as you claim or your injuries were sustained after the accident in question.
Providing a Written or Recorded Statement
The insurance adjuster for the other party may tell you that he needs a statement to process your claim. It is not in your best interest to provide a statement until you consult with an attorney. Anything you say can be used later in your claim to devalue or deny your claim. For example, if the adjuster can get you to admit you were in a hurry because you were running behind, the company can allege you were speeding at the time of the accident because you were in a hurry. Therefore, you contributed to the collision that caused your injury.
Signing a Medical Release
This is another mistake the insurance adjuster for the other party will try to get you to make, especially if you have not consulted with an attorney. The adjuster may say he needs your medical records to verify your injury so he can pay the medical bills. What the company wants to do is look through your entire medical history for reasons to deny your claim, such as a prior accident or injury.
Accepting the First Settlement Offer
An insurance company wants to pay as little as possible to settle an accident claim. If it believes your claim is valid and you may have substantial damages, it may offer you a low settlement very early in the case before you realize the full extent of your damages and injuries. Once you accept a settlement offer and sign a release, you cannot go back for more money even if you discover an additional injury.
Failing to Consult with An Attorney Early in The Case
The insurance adjuster will not tell you to consult with a Lexington personal injury attorney. In fact, he may tell you that by representing yourself, you can get more money for your accident claim. The insurance adjuster represents the best interest of the insurance company. He does not want you to speak with an attorney because he wants to take advantage of your inexperience and lack of knowledge of the claim’s process and personal injury laws.
It is always in your best interest to consult with a Lexington personal injury attorney as soon as possible after an accident. It does not cost you anything to see our attorneys so why take the chance that you may make a mistake handling your accident claim that could result in a denial of your claim or losing thousands of dollars in compensation.