South Florida Injury Lawyer Blog
Right after an accident, you are likely injured or at least shaken up. It’s easy to make mistakes at the time of the accident, but if you know ahead of time what to do, you can remain calm and take steps to prepare for a personal injury case, if necessary.
As a personal injury attorney in Florida, I have seen many people make mistakes at the scene of the accident, but with my years of experience, I have been able to limit the damage done and build a strong case for my injured client. I can do that for you, as well, if you have been injured due to someone else’s negligence.
After the accident and while going through a personal injury case, there are other mistakes that you should avoid if you want to maximize your possible compensation. Take time to review this list of potential mistakes.
Mistakes at the scene of the accident
- Admitting fault: If you say “I’m sorry,” or “I didn’t see you there,” you could be admitting fault. This can be pretty devastating to a case, but sometimes we can prove that, although you thought it was your fault at the time, evidence suggests otherwise. We also take into consideration Florida’s Comparative Negligence rule, which assigns a percentage of fault to each party and may still award some compensation.
- Not taking pictures or collecting witness testimony at the scene: Understandably, you may not be able to if your injuries are too severe, but if possible, it’s important to document or ask someone else to do so.
- Not calling the police: Always call the police. A police officer will make notes about the accident, speak to witnesses, and possibly also take pictures. This is especially beneficial if you are not in the condition to do so yourself.
Mistakes immediately after the accident
- Not seeking medical attention immediately: Your Florida auto insurance policy requires that you seek medical attention within 14 days of an accident in order to qualify for Personal Injury Protection (PIP) coverage. However, for personal injury cases, it’s important to get to a doctor within 24-72 hours. It’s common to feel relatively fine within the first 24 hours because your adrenaline is pumping, suppressing symptoms. But after that, you may start feeling the effects of the accident. Get to a doctor so that we can document a connection between the incident and your injuries.
- Not keeping a journal of your injuries: Keep track of your injuries and how they have impacted your life. This will be very helpful in the case, clearly demonstrating the degree of your injuries. Don’t exaggerate, though; the defense will have access to your medical records, and they should agree with your claims. Be thorough and honest in the description of how your injuries have impacted your life.
- Talking to the insurance companies before talking to a lawyer: DO NOT make any statement. These people are trained to get as much information out of you as possible, and it’s their goal to limit the amount of money they have to pay out. DO NOT give them a statement. DO NOT accept an offer before you talk to a lawyer. DO NOT give them blanket access to your medical records.
- Posting on the internet: Anything you post on the internet can be used against you in a personal injury case. Not only should you avoid talking about the incident, but you should avoid posting about your activities for the duration of the time that you are seeking compensation. If you show yourself out to dinner or at an event, the defense attorney may use it as proof that you are not really injured – even if you felt terrible and it took herculean effort to get you to the event. Just don’t post.
Mistakes during the trial process
Not hiring an experienced personal injury attorney: Trying to represent yourself will end in disaster. The attorneys for the insurance company love it when someone self-represents, because they have the experience to destroy your entire case. The same is true if you hire a lawyer who is not an expert in personal injury law; your cousin may be a great corporate lawyer, but he won’t be able to defend you properly in a personal injury case.
Not considering comparative fault: As mentioned above, even if you feel like the accident was partly your fault, the judge or jury could still determine a level of compensation for your injuries and then award you the percentage. For instance, if you were found to be 40% at fault, you would receive 60% of the compensation.
Underestimating future damage: We, as personal injury lawyers, know how to make many important and complex calculations to account for future damages to your income, health, finances, and relationships. These maximize your compensation.
Not knowing how to negotiate: When you are represented by an experienced personal injury attorney, most insurance companies will choose to negotiate a settlement rather than risk going to court, where juries tend to favor the injured party. You need experienced representation to present a powerful case to support a substantial financial demand.
Insurance companies can afford to hire teams of lawyers; you need someone who will fight for you. I specialize in personal injury cases because I believe in justice, “fighting for the little guy,” and balancing the playing field. I have a track record of winning significant awards for my clients. Contact me 24/7 at (954) 448-7288 for a free consultation to see how I can help you.