The choices people make in the aftermath of an accident matter enormously. Certain mistakes will undercut your legal claim, resulting in less compensation and possibly preventing you from suing at all. Call Michael J. Lichner today to speak with a Will County, Illinois personal injury lawyer. We highlight the most common mistakes to avoid in a personal injury claim. Our firm can handle your case from start to finish, but we need to hear from you. Call to schedule a free, no obligation consultation.
Do Not Fail to Document the Accident
To receive compensation, an injured victim needs to prove who is liable for the accident. Most of the relevant evidence is at the accident scene. If you leave without documenting anything, then it will be harder to pull together a claim.
We recommend:
- Talk with witnesses and get their names and a way to contact them (like a phone number).
- Take photographs of the accident scene. If you fell on something, then a photograph will show the state of the hazard that caused you to slip or trip. If you were involved in a motor vehicle crash, then photos will show how the vehicles collided.
- Obtain personal and insurance details for another driver or the person who owns the property where you were injured.
By gathering this information now, you make it easier when it comes time to make a claim.
What happens if you are in such extreme pain that you cannot document the accident? That is understandable. Some people are knocked unconscious in a car accident or after a fall. You can’t collect evidence if you are passed out. However, you can call an experienced lawyer for personal injury claim advice. Our firm can begin searching for evidence.
Avoid Diagnosing Your Injuries
Even if you lack health insurance, you should still go to a doctor or the emergency room to be diagnosed. You can ultimately obtain compensation for the cost of medical treatment in a settlement.
Proper diagnosis is critical. A doctor can order tests to see internal injuries, including organ damage. A doctor can also create a treatment plan so you heal as quickly as possible.
If you avoid the hospital, the defendant can claim you failed to mitigate your damages. The defendant will blame you for all the pain and disability you experience, which can result in substantially less compensation.
Don’t Admit Fault for the Accident
Illinois is a comparative fault state. If you are at fault, then you will probably receive less compensation. Under 735 ILCS 5/2-1116, you will be barred from any compensation if your fault is more than 50%.
At the scene of the accident, you should never give any indication that your own carelessness contributed to the accident in any way. Don’t apologize or say something like, “I should have paid more attention.” Instead, remain silent and gather evidence.
Never Give a Recorded Statement to an Insurance Adjuster
You should call your insurer to report the accident, but you don’t want to give any lengthy statement. Stick only to the important facts: the day, time, and location of the accident. Also, share the name of the other motorist who hit you or the property owner where you fell.
Illinois law recognizes contributory negligence. A victim’s share of compensation will be reduced by their degree of fault. It is easy to slip up and say something you don’t mean because you are confused or feeling pain. An insurer might trip you up.
Suppose your injuries are worth $60,000. But you were 50% at fault for the slip and fall accident because you were not paying attention to where you were walking. If you admit as much, then the defendant will lower the amount they offer in a settlement.
Do Not Accept the First Settlement Offer
This is the #1 mistake accident victims make. A week or two after the accident, the defendant’s insurer might reach out with a settlement offer, and many injured victims are tempted to accept it.
Since the accident, you are probably in so much pain that you cannot go to work. Money is tight, yet bills continue to arrive daily. In addition to medical care, you need to pay for your rent or mortgage, as well as groceries. We see why injured victims are tempted to say “yes” to the first settlement offer.
No matter how generous the offer appears, you can probably do better. Call our law firm. We can review how much your injuries are worth and then negotiate. We have seen some victims agree to settlements that are less than half what they could get with some negotiation.
Once you agree to a settlement, you will need to sign a waiver. That means you give up any right to seek more compensation in a lawsuit.
Avoid Stopping Treatment Early
Another mistake is stopping rehab too soon. Maybe you don’t feel you are improving, or maybe it is simply too much of a hassle to get to rehab every week. Try your best to continue with medical treatment.
Never Post About Your Joliet Accident on Social Media
Social media has undermined too many personal injury claims. Posting about your accident is one of the mistakes to avoid in a personal injury claim.
Many claims adjusters scour social media accounts for:
- Any statement you made claiming partial responsibility for the accident. For example, you might have admitted to drinking before a car crash or driving while tired.
- Evidence that you are not seriously injured. An insurer wants to see if you have traveled away from home after the accident. If you have, they will allege you weren’t hurt. Be careful: some social media profiles will automatically “check in” a person whenever they visit a business.
- Photographs other people posted of you after the accident, showing you smiling or enjoying yourself.
You can’t be too careful when it comes to social media. We recommend setting accounts to private, untagging photos, and not posting at all until the completion of your case.
Contact Our Will County Personal Injury Lawyer
Michael J. Lichner is an experienced lawyer who has handled hundreds of accident cases in the Joliet (60431) area. Call us at 815-258-7877 to schedule a free consultation to discuss other mistakes to avoid.