Personal Injury Mistakes to Avoid

Oct 26, 2014 | Personal Injury

If you have suffered a severe injury in a car accident or another accident that was someone else’s fault, or if you have been injured by a defective product, you deserve compensation for your losses. Virginia law allows you to collect payment for such losses through a personal injury lawsuit.

In many cases, you can recover compensation through a settlement with the at-fault party’s insurance company. If your case goes to court, it will be decided by a judge or jury.

Presenting evidence of your injury and losses can lead to a verdict in your favor. On the other hand, you can harm your case with certain actions or failures to act.

Here are several mistakes that can hurt your chances to obtain the compensation you deserve in a personal injury case:

Accepting a quick insurance payment.

The compensation you receive in a personal injury case typically will be paid by the defendant’s insurance company.Knowing this, insurance companies will act fast to offer a settlement in cases that look bad – or expensive – for them. A quick offer is likely to be substantially less than you deserve.

Once you accept a settlement offer and sign a release, your case is over. So, do not accept anything offered by an insurance company or sign any statement unless an experienced personal injury lawyer has reviewed it first and suggests you do so.

Foregoing medical care.

If you have been injured in an accident, see a doctor as soon as you can and follow your doctor’s orders.If you are hurt, you need to have your injuries treated without delay. Medical care also documents your injuries, which will be necessary for a legal claim.

Following doctors’ orders for treatment, medication and therapy will indicate that your injuries were real and that you truly required medical care to recover from them.

Failing to contact your insurance company.

You will need to contact your insurance company after an accident to file a claim. This provides further documentation of the accident and the fact that you suffered a loss. Answer questions honestly and follow instructions.However, you should decline to record a statement. Also, be careful to avoid making “off the cuff” remarks that downplay your injuries, admit fault or accept blame for the accident. These are matters that require a thorough investigation.

Not documenting your accident and injuries.

If you contact police, obtain medical care or file an insurance claim after an accident, you will create a paper trail of evidence that substantiates your personal injury claim. However, there is other evidence you may be able to gather or save.For instance, you should get photos of the accident scene if you or a passenger can take them. Save all receipts from expenses related to your accident. Get a copy of the police report if there is one. Also, obtain records of absences from work or school caused by your injury.

You can also collect notes, photos, videos or other documents that depict your injury and recovery, including progress, setbacks and things you missed in your life because of your injury.

Publicizing your case.

Pursuing a personal injury lawsuit is serious business. Don’t make a show of it. You could unwittingly hurt your case even by talking about it. Don’t say bad things about the defendant or brag to friends about getting revenge or a “big payoff.”Additionally, do not post comments or photos on Facebook, Twitter or anywhere online that might be used against you later.

Failing to contact a lawyer.

If you have been seriously hurt in an accident that was not your fault, you should contact an experienced personal injury lawyer in Richmond as soon as you can.A lawyer can provide a free initial consultation that will outline steps to protect your rights and can advise you about your options for pursuing a claim.Once you retain legal help, your attorney can take care of a lot of the details of pursuing a proper insurance settlement. As we stated above, many cases can be settled without the need to go to court.

Our Best Advice? Contact Us Today

Geoff McDonald & Associates has the experience, knowledge and resources to represent your best interests in a personal injury lawsuit. We have helped accident victims just like you in Richmond and from across Virginia for more than 25 years. Contact us today to set up a free, no obligation legal consultation.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    Will My Insurance Go Up If I Hire an Injury Attorney?

    Car accidents can be costly – both to your health and your finances. When another driver is responsible for the crash, it’s important to ensure your rights are protected. While you will typically seek compensation from the other driver’s insurance company, the...

    Benefits of Hiring a Slip and Fall Attorney in Virginia

    Slip and fall accidents can cause serious injuries that impact your daily life and affect you for years. After an accident, you should focus on your recovery and let an experienced lawyer handle the details of your personal injury claim.  Often, these accidents occur...

    What Does the Insurance Company Really Think My Case Is Worth?

    The perceived value of your injury claim will depend on what evidence is available to the insurance company. In most cases, the value of a claim will be determined by the amount of property damage and medical bills associated with the accident. That said, the claims...

    What to Do After Suffering an Injury on a Business Property

    Immediately after suffering an injury on a business property, your top concern should be your health and wellbeing. Call 911 and leave the scene in an ambulance if you aren’t feeling well. Don’t attempt to drive if you have any concerns about your level-headedness or...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald