Car Wrecks

You are Derailing Your Lawsuit When You Do This

By May 6, 2020 No Comments
Personal injury attorney

Protect Your Car Accident Case and Avoid These Blunders

When you’re injured in a car accident, you expect that insurance companies will do the right thing to help restore your life to a fairly normal state.  The unfortunate fact is that often that’s not the case, and you’re left wondering how you’re going to survive financially with all your new hardships.  That is where a personal injury attorney that specializes in car wrecks will help you get back to “normal”; even if that looks drastically different.

When it comes down to it, if you have to file a lawsuit to protect yourself against a powerful company, there are ways that you can end up derailing your own lawsuit.  It happens often, and it can be devastating to the victim as their case is dismissed.

8 Ways you’re Derailing Your Lawsuit

When you’re seeking a settlement, it’s best to skip these blunders.

Posting on Social Media

Statistically, you spend over 2 hours every day on social media.  You can check the usage on your phone to see exactly where you lie.  It’s a big part of everyone’s lives.  And if you have been in an accident, you are going to want to let the world know about it!

Of course it’s obvious not to talk details of an ongoing case, but you need to take it a step further.  Until everything is settled, which could be months, it’s best to just get off social media entirely.  Remember, we lived happy and fulfilling lives before social media was a thing; you can go back to that lifestyle!

Name Calling and Bashing

When it comes to court cases, just about anything can be called into question and read before a jury.  It doesn’t matter if it was a private text message conversation between you and your best friend.

If you have messages, even private messages, or if you have been recorded in any way bashing or name calling the defendant, it won’t bode well for your case.  You don’t have to go out of your way to praise them, but definitely go out of your way to avoid negative remarks.

Disclosing Unnecessary Information

When someone is arrested, they are read their Miranda Rights.  Part of that warning states, “anything you say can be used against you in a court of law.”  It’s a warning that you should just stick to the necessary details.

For instance, let’s suppose you’re talking with your doctor about being unable to work due to your accident.  All you need to discuss is your physical condition.  Mentioning the fact that you hated that job and you are glad to have an excuse not to return to work is not going to help.

Telling Friends about the Accident

After you have set aside the social media, and you’re refraining from name calling and bashing the defendant, you are going to be tempted to relay the information to your friends and explain what happened.  Just give a brief overview if anything at all.

If your case goes to trial, your friends may be asked to testify.  If you told them a different story than what you tell the court, your case can be derailed.  Only discuss details with your personal injury attorney.

Admitting Fault or Apologizing

We mentioned in a previous article that having a video, or at least audio, recording of the situation is a good idea.  Keep in mind that the other party may be doing so as well.

Never admit fault.  Even if you are at fault, don’t admit it to anyone but your attorney.  Likewise, don’t say anything that could be mistaken as admitting fault.  For example, the phrase, “I’m sorry, I didn’t see you there.” can be interpreted as an admission.

Waiting Too Long to Seek Treatment

When you have been injured in a car wreck, you are not required to seek medical attention right away.  But any personal injury attorney will tell you that the longer you wait the more harm you are doing.

Waiting to seek medical treatment shows that your injuries weren’t serious to require treatment immediately.  But even more importantly, a claims adjuster can assert that the injuries happened after your car accident, and weren’t sustained in the collision.

Missing Your Doctor Appointments

Just like waiting too long, skipping or missing appointments is an easy way to throw your case off course.  Sometimes scheduling conflicts come up and you have to reschedule.   But these should be avoided if at all possible.

Missing appointments can lead to the accusation that you don’t really need the medical treatment in the first place.  Don’t give any ammunition to the adjuster, keep your appointments.

Speaking with an Insurance Claims Adjuster

After an accident a claims adjuster will offer the lowest settlement they feel the company can get away with.  If you have been injured, or worse, someone has been killed in the accident, you definitely need your personal injury attorney to speak on your behalf.

If necessary, simply tell the adjuster that you need to speak with your attorney before any decisions are made.

Zach Herbert is Your Personal Injury Attorney in Texas and Oklahoma

Did you know that Herbert & Eberstein can help you in both Texas and Oklahoma?  With offices in Richardson, Texas (serving the greater DFW area), and Oklahoma City, Oklahoma, we are here to help you stand up against powerful companies that are not looking out for your best interest.

Let’s chat about what happened.  Fill out the form on our contact page, or simply give us a call at 214-414-3808.

Addresses

1202 E Arapaho Rd suite 140,
Richardson, TX 75081
Phone: (214) 414-3808
Fax: (214) 602-7156

101 Park Avenue Suite 1300,
Oklahoma City, OK 73102
Phone: (405) 256-8815
Fax: (214) 602-7156