After a crash in Connecticut, representatives for the insurance companies will reach out and attempt to move things along quickly. Small choices in the first days can have a serious impact on a victim’s case, potentially reducing claim value, creating doubt on causation and even barring recovery. Below are five critical mistakes that routinely damage valid personal injury claims.
Waiting 3 or more days to see a doctor
Delays in treatment can create a gap in the medical record. Insurers may use this gap to argue the injury occurred after the collision or resulted from a separate event. Connecticut cases need proper documentation linking the cause of the injury (the crash) to the injury, diagnosis and treatment. As such, victims are wise to keep these points in mind:
- Go to ER or urgent care when symptoms appear
- Follow up with primary care, orthopedics, PT
- Report all symptoms, even mild pain
These steps help to create continuity of care. Continuity supports causation, severity and damages in the event a victim needs to move forward with legal action.
Recorded statements without a lawyer
The adjuster for the insurance company will likely call you shortly after the accident and will sound supportive. It is important to keep in mind that their role is to minimize payouts not to make sure victims get what they need. Recorded statements often prompt speculation that could hurt the victim’s case. Insurance providers can use a single inaccurate statement to question the credibility of the credibility of the victim.
Social media oversharing
Public posts can serve as evidence. A photo at a BBQ can be used to argue normal function despite a back injury claim, or a smiling selfie can be presented as proof of low pain. Investigators use software tools to monitor public profiles, tags, comments and even reactions. It is generally best to limit public sharing during treatment. Assume every post will be reviewed by an adjuster, defense counsel and even a potential jury.
Thinking there is plenty of time
Victims who wish to move forward with legal action to hold the responsible driver financially accountable for the cost of the accident must do so within the statute of limitations. The statute of limitations is the deadline to file a lawsuit. Those who wait too long and miss this deadline can lose the chance to file their lawsuit.
Connecticut’s statute of limitations for negligence claims is often two years. That timeline does not mean you should wait. Evidence can be lost and some cases have shorter deadlines. This is especially true for claims involving a municipality or the state such as a victim injured in a crash involving a City of Waterbury bus or a road hazard accident.
Skipping a consultation and case review
Waiting to contact a lawyer can lead to missed evidence, missed deadlines and avoidable statement traps. Early legal review can help to preserve records, coordinate treatment documentation and calculate damages. Scheduling a free consultation and bringing a copy of the crash report, photos and medical paperwork can help victims protect their right to legal remedies.