Top 10 Motor Vehicle Accident Lawsuit Mistakes and How to Avoid Them
Over 5.2 million people were involved in motor vehicle accidents where someone got hurt. When you or a loved one gets hit by a negligent driver, it can change your life. The worst part is suing the negligent driver often makes your life worse.
The costs of suing a driver for a vehicle accident always far exceed the value of the settlement agreement. Understanding some of the motor vehicle accident lawsuit mistakes can save you a lot of time and money. Other mistakes might even get your case thrown out.
Let’s go over some of the mistakes that auto accident lawyers often see. Keep reading!
1. Failure To Gather Evidence
One of the top ten motor vehicle accident case lawsuit mistakes related to evidence is failing to gather evidence. Evidence is an important asset in any lawsuit as it helps to prove the guilt or innocence of the parties involved in the accident. It is important to be proactive and actively gather evidence after an accident.
This evidence can include photos of the vehicle and surrounding area of the accident, witness testimonies, police reports, and any other documents related to the accident. You should hire a car accident lawyer to help you with the gathering and preservation of evidence.
Furthermore, it is important to document the timing and severity of any injuries caused by the accident, as this will assist in the evaluation of fault. Doing these things will help ensure you have sufficient evidence to support your claim if it should come to a trial.
2. Delaying Medical Treatment
In the event of an accident, it’s important to get medical assistance as soon as possible. Even if you feel like you’re okay and don’t need a doctor, any injury from the accident may not be apparent until a few days later. Unfortunately, once an injury has been identified, the other driver’s insurance company can point to the delay in treatment.
It alleges that the injury or worsened injury was caused by something other than the accident. Thus, going to the doctor as soon as possible is essential for protecting yourself in the event of a motor vehicle accident.
3. Not Contacting The Police
It is important to contact the police as soon as possible after an accident. This allows the police to evaluate the scene, document facts, make statements, assess fault, and assign blame. It also helps protect the legal rights of everyone involved so that no one can change their story later on.
When notifying the police, call 911 as soon as possible or ask someone to do it for you. Provide the police with as much detail as possible regarding the accident. Document as much as you can, such as names, contact info, vehicle descriptions, witness accounts, etc.
Ignoring or failing to report an accident can have serious consequences down the line in the lawsuit filing process.
4. Admitting Fault Or Apologizing
Victims of an accident may be inclined to apologize for the incident, however, speaking words of apology or expressing blame can later be used against them in a court of law. In many cases, it is recommended that victims remain neutral about the incident and speak only facts about what happened.
Victims should not apologize to the other party involved or take the blame for the accident. If victims feel responsible for the accident, they should discuss this with their attorney instead. Insurance companies may try to coax victims into admitting guilt in an attempt to limit financial responsibility.
Victims should always remain aware of what is said and remain cautious in how they respond to an insurance company or the other party involved.
5. Ignoring Witnesses
Ignoring witnesses can be a mistake often made in motor vehicle accident injuries. When an accident has been witnessed, their testimonies can provide evidence that can greatly influence the outcome of a lawsuit. To avoid this mistake, contact witnesses in advance to discuss providing statements.
It is important to ensure both parties are aware of all the witnesses and their testimonies. It is important to avoid asking leading questions to witnesses. Both sides should be allowed to cross-examine them.
If mitigating circumstances apply, attorneys should be well-versed in how to utilize the evidence presented by the witnesses.
6. Misrepresenting Information
Misrepresenting information can be a major mistake when it comes to motor vehicle accident lawsuit documents. Lawsuits can quickly become complicated, and it’s important to be as accurate and truthful as possible. For example, providing inaccurate dates and details related to the incident or exaggerating photo evidence.
It’s important to be mindful of your statements both in and out of court so that your credibility doesn’t come into question when providing testimony. Being honest when speaking with attorneys, medical professionals, and insurance adjusters can help the case move swiftly and with less stress.
Consulting with an experienced lawyer can also help you avoid misrepresenting information during the litigation process.
7. Settling Too Quickly
Settling a motor vehicle accident lawsuit too quickly can be one of the biggest mistakes made in a motor vehicle incident lawsuit. The emotional and financial stress that an accident can produce can be very difficult and pass on the temptation to accept a settlement offer quickly.
It is important to understand the financial and long-term effects. A settlement will have an impact on the injured party as a settlement may not cover future medical costs, lost wages, or other associated damages. Before settling, the injured party should contact a motor vehicle accident attorney to discuss all options available to them.
The attorney can advise the injured party on estimated costs of any medical care, including an estimate of future medical costs and assist the injured party in determining the full value of their claim.
8. Failing To Consult An Attorney
Failing to consult an attorney is one of the top 10 motor vehicle accident lawsuit mistakes that should be avoided. It can not only derail the chances of a successful case, but it can also lead to various other challenges. Consulting an attorney as soon as possible after the accident improves the chances of success significantly.
An attorney can assist with gathering evidence, filing court documents, and otherwise helping ensure that the case is made in the best possible way. This can end up saving time and money in the long run and can even lead to a better outcome. Additionally, the attorney can provide counsel on any settlement offers, helping to ensure that all offered terms are fair to the client.
In the end, consulting an attorney is the best way to prevent mistakes related to motor vehicle accident lawsuits.
9. Missing The Statute Of Limitations
A motor vehicle accident lawsuit mistake to avoid is missing the statute of limitations. The statute of limitations is a legal deadline by which a person must file a lawsuit or lose the right to do so altogether. Depending on the state and the type of claim you wish to make, the statute of limitations may be anything from a few weeks to, in some cases, up to five years.
Therefore, it is important to consult an experienced personal injury attorney to determine the applicable statute of limitations for your case and to take action before the deadline passes. Even if you believe the statute of limitations has passed, it is still wise to contact an attorney to ascertain your rights and remedies.
10. Neglecting To Document Losses
Neglecting to document losses is one of the top ten motor vehicle accident lawsuit mistakes and can be easily avoided. This mistake occurs when an individual is not thorough in documenting all economic and non-economic losses incurred due to the accident and its resulting injuries. In order to avoid this mistake, an accident victim should document all costs associated with the accident, such as:
- medical bills
- out-of-pocket costs
- time off work
- property damage
As it will help to demonstrate the magnitude of the total losses in an accident lawsuit. Additionally, an accident victim should document all physical and emotional pain and suffering caused by the accident, as this can result in higher compensation in an accident lawsuit. Accurately and completely documenting all losses associated with the motor vehicle accident will help to ensure that the accident victim can recover all of the losses caused by the accident.
Avoid Motor Vehicle Accident Lawsuit Mistakes And Take Immediate Action To Protect Your Rights
Accidents may be traumatic, but avoiding these motor vehicle accident lawsuit mistakes will help ensure a more favorable resolution. No one wants to get into a motor vehicle accident. Remember that errors in the initial report, evidence deadlines, or personal injury laws can hurt your lawsuit.
The key is to be informed, remain organized, and conduct research. Take control of your situation, and always remember that an experienced and reputable lawyer can help if a dispute results in the need for a lawsuit. If you or a loved one have been injured in a motor vehicle accident, look for an experienced attorney today.
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