You know, after a car accident, you should seek medical attention and contact your insurance company. However, many people find that their car accident case does not go as planned once it gets to court.
During the time that your case goes to court, you may not know how to proceed with your case and what you need to do.
Below, you will learn common errors in filing lawsuits after a car accident.
- Not Seeking Medical Attention
One of the most common errors when filing a lawsuit after a car accident is not seeking immediate medical attention. Even if you believe that you have not suffered any serious injuries, it is still important to be seen and evaluated by a medical professional after an accident.
Failing to seek medical attention can also impact the ability to accurately evaluate future losses, such as a decrease in future wages due to an inability to work. Taking the time to seek medical attention as soon as possible following the car accident can help establish your claim and ensure that you are adequately compensated for any injuries and damages suffered.
- Admitting Fault
The most common error that an individual can make when filing a lawsuit after a car accident is admitting fault. Though it may be tempting to accept responsibility for the accident in order to speed up the process, this action can be extremely detrimental in the long run.
All acknowledgment of any fault or guilt will be used as a form of evidence, meaning that it is likely to be used against you in a court of law. Not only should individuals refrain from admitting fault during any communication with the party involved, but they should also avoid discussing the issue in public settings or with other parties.
- Not Calling the Police
One of the most common errors made when filing lawsuits after car accidents is not calling the police. This mistake can be costly for victims who wish to pursue legal action. Without a police report, the court cannot properly evaluate each party’s credibility, and it can also make it difficult for the victim to prove their case.
Additionally, without police input, an insurance company may not fully acknowledge the extent of damage and may offer a lower settlement amount. Thus, it is important for those involved in a car accident to call the police and file a police report as soon as possible.
- Not Collecting Evidence
This is because evidence can be critical in winning a car accident case and in proving who is at fault for the accident. Without evidence, defendants have the upper hand in proceedings, and the plaintiff’s argument loses validity.
Photographs should be taken of the scene and any vehicle damage. Witnesses should be questioned to gain an understanding of the events leading up to the accident. Without this critical data, the plaintiff’s case may be significantly weakened. Therefore, if you or a loved one has been involved in a car accident, make sure to collect and document as much evidence as possible.
- Not Exchanging Information
The importance of exchanging information after car accidents should not be overlooked. For instance, not having the other driver’s details makes it extremely difficult to locate and serve them the necessary legal papers to initiate a lawsuit.
Furthermore, the lack of information could potentially allow the other driver to deny liability and get away with compensation for damages. All of these errors and difficulties can be avoided if drivers exchange pertinent details, such as name, contact information, license plate number, and insurance information, after an accident.
- Not Notifying Your Insurance Company
Not notifying your insurance company after being involved in a car accident is a common mistake that can lead to serious consequences. After a car accident, it is important to notify your insurance company as soon as possible to report the accident and any damages that have occurred.
Without notifying your insurance company, you may be putting yourself and your property at financial risk. Additionally, any claims that you make against the other driver may be denied by their insurance provider if your insurance company has not been contacted.
- Accepting a Settlement Too Quickly
When insurance companies are involved, they often want to avoid a lengthy and costly legal dispute and present the injured party with what seems like a generous settlement. However, it is important for victims of an accident to understand that a settlement may not be enough to cover the damages, medical expenses, and other costs associated with the accident.
Accepting the offer without getting a full understanding of the damages sustained can leave the victim shortchanged. Therefore, it is important to take the necessary time to fully comprehend the costs associated with the accident and hire an experienced attorney to ensure the rights of the accident are protected.
- Not Hiring a Lawyer
Not hiring a lawyer in relation to filing a lawsuit after a car accident can be a major mistake. Improper service of the initial complaint and failure to meet the lawsuit filing deadline are common errors that can be easiest avoided with legal counsel.
Additionally, a lawyer can provide guidance in understanding the complexities of car accident laws, choosing appropriate remedies, and properly submitting forms in a timely manner.
Not having the support of an experienced lawyer can lead to costly missteps and potentially damaging discrepancies in the lawsuit process. Check this page on car accident lawyer to learn more.
Explore Common Errors in Filing Lawsuits
It is important to be aware of common errors in filing lawsuits after a car accident to ensure a fair and smooth legal process.
Be sure to make an accurate accident report, understand personal injury law, carefully select an attorney, keep all car accident lawsuit documents in order, and always meet time deadlines.
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