The Top 6 Mistakes You Should Avoid After A Personal Injury Accident In San Francisco

In this article, you can discover…

• What to say and not say at an accident scene.
• Why failing to seek medical attention can hurt your case.
• What to avoid posting on social media following an accident.

Why Is It Important To Be Careful Of What I Say To Other Parties Or An Officer At The Scene Of An Accident?

Anything that you say to witnesses at the accident scene, the other driver, or officers can be used as evidence in your case. Be mindful that accidents are traumatic, jarring events, and in the aftermath, you may not be thinking clearly about what you say or how you react. Relax, breathe, and think before you speak.

Give your name, insurance information, and drivers license information. You can refrain from commenting on the accident, and don’t speculate about the cause of the accident.

Because of the immediate trauma that you just went through, details that seem certain and firm in your mind may be later contradicted by traffic cameras, dash cams, or police reports. You might remember more once the adrenaline and trauma wear off. And if you get things wrong, the other side will not give you the benefit of the doubt that you simply made a mistake because you were rattled.

When the defendant’s insurance company tries to get in touch with you, you do not need to give a statement. You can simply say, “I am looking for a lawyer and will get back in touch with you when I find one,” and allow our law firm to handle further communications. One large benefit of hiring an attorney is that our experienced attorneys will be talking to the insurance company so you do not have to.

It’s also common for accident victims to casually tell police at the scene, “I’m fine; I’m not hurt.” Just because you can walk away from a car after an accident doesn’t mean you’re uninjured. Many injuries can take days to be felt, as the adrenaline rush caused by the accident can have a numbing effect, keeping you from feeling back or neck pain for days. Soft tissue and head injury symptoms often start days after the collision. At the collision scene, you are likely experiencing an adrenaline rush from trauma and not feeling the full extent of your injuries yet.

Instead, you can say, “I can walk, but I’m not sure if I’m injured, and I’ll be seeking medical attention.” Be sure to get medical attention in the aftermath of an accident, even if you don’t feel any initial pain. You may be more injured than you immediately realize.

How Can Failing To Seek Medical Attention Hurt My Case?

If you fail to seek medical attention, you will be held accountable for not doing anything to help yourself in the aftermath of the accident. It is best for your own physical recovery to seek medical attention right away before injuries get worse. Secondly, not getting swift medical help makes insurance companies doubt that you were injured.

A prompt doctor or hospital visit helps diagnose your injuries, links your injuries to the accident, and provides the medical records that will be crucial to your case. Waiting to get medical help can allow the insurance company to argue that your injuries are not severe, not connected to the accident, and not worthy of compensation.

Describe your injuries accurately to a doctor and follow through with their recommendations. And if your doctor confirms that you don’t need further treatment, don’t seek out further treatment. That way, you will get the appropriate treatment for your injuries and the insurance company cannot suspect you of seeking any diagnosis for an injury you do not have nor treatment that you do not actually need.

What Happens If You Wait Too Long To Contact A Lawyer?

In a worst-case scenario, delaying reaching out to an attorney could cause you to miss the two-year statute of limitations, leaving you unable to pursue a claim. And waiting until one year and 11 months after your accident may leave you unable to find a lawyer who can help you in time. (Please note that many different deadlines and exceptions to deadlines may apply to claims, and therefore it is important that you seek legal advice to determine your particular deadline. Your particular deadline may be shorter than two years, especially if the defendant is a medical provider or government / public entity.)

More often, waiting to contact an attorney makes collecting evidence far harder. For example, if you were in a car accident and security cameras from a nearby convenience store recorded the accident, it’s important to get ahold of that footage before it’s deleted. Security footage may be overwritten within days or weeks. Memories can fade quickly, witnesses can be harder to locate and interview, and insurance companies may try to obtain a statement from you (which you do not need to give), talk to witnesses before you do, or try to provide a minimal settlement to you.

After your accident, seek immediate medical attention, decline conversations with insurance companies, and get in touch with a lawyer. Your attorney can then review your case, gather evidence while it’s still fresh, and handle communications with insurance companies for you.

How Can Posting On Social Media Negatively Impact My Claim?

Be aware that everything you post on social media and even your direct messages on social media platforms can be used against you. Credibility is everything in a personal injury case, and your social media activity can definitely have a negative impact.

For example, if you’ve claimed that your accident has left you unable to ride a bike and you post a photo of you and your friends mountain biking, that will severely damage your case. Likewise, if you argue that the accident has left you unable to enjoy life and then post images of you smiling next to a pool, this can count against your claims for emotional or psychological damages. If you post details about the collision, that can be held against you.

It’s important to limit social media activity after an accident. Assume all photos, videos, posts, and direct messages will be seen by the opposing party and possibly used against you.

Why Is It A Mistake To Settle Too Quickly With The Insurance Company?

If you have not spoken with an attorney, you have no idea what damages you may be entitled to. It’s also important to be sure of the extent of your injuries and the possible long-term impacts of the accident on your health.

Once you settle with an insurance company, you’ve committed to that dollar amount and can’t seek further damages. And while it may seem appealing to get that money quickly, waiting to speak with an attorney and discovering the true extent of your injuries can help you get the amount you truly need and deserve. We are always looking out for your worst day scenario in order to prevent an inadequate settlement.

Why Is It Important To Keep Accurate Records Or Receipts After An Accident?

Receipts, bills, paystubs, and other records help prove what your economic damages are. Having receipts for things that you or your health insurance company has spent money on helps the other party’s insurance company (and a jury) understand the extent of your injuries and their financial impact.

Keep all medical records and records of physical therapy, as well. This helps corroborate your testimony and will be vital in getting you the economic damages your case merits.

Still Have Questions? Ready To Get Started?

For more information on Mistakes To Avoid After A Personal Injury Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.