4 Whiplash Injury Mistakes That Can Ruin Your Claim
1. Giving a Recorded Statement to an Insurance Adjuster
Insurance investigators and adjusters are directed to obtain recorded statements as soon as possible following car accidents. I have had clients that were called by insurance adjusters seeking a recorded statement before the injury victim had even been released from the emergency room. Insurance adjusters are also trained in taking recorded statements in a manner that reduces their “exposure,” i.e. the amount they will have to pay on a claim. SPEAK WITH A LAWYER BEFORE GIVING A RECORDED STATEMENT!
2. Not Seeking Medical Treatment Immediately Following the Accident
If you have suffered a whiplash injury, your injuries need to be documented. Oftentimes, people refuse transport at the scene because they are in shock or the rush of adrenaline prevents them from realizing the full extent of their pain. Then the next few days, they don’t leave their house because they are in so much pain. Then the pain gradually begins getting better so they “wait it out” and refuse to see a doctor. Soon it is 2 or 3 weeks post- accident and they realize the pain is not resolving on it’s own. At this point, an insurance carrier will generally deny or greatly reduce any future claim payout because it is too difficult for the injured party to convince a jury that the accident caused the injury. The insurance company may be right. If you are in pain following an accident, don’t “wait it out,” get to a doctor.
3. Not Properly Documenting Your Harms and Losses Due to the Accident
Injury victims are entitled to recover their medical bills, wage loss and pain and suffering. All of these different elements of damages can be properly documented but the average person may not have any idea how to document their losses. Advice from an experienced whiplash attorney can greatly increase the value of a case.
4. Not Hiring an Experienced Whiplash Attorney
Once you have been involved in an accident and suffered a whiplash injury you need to decide who you are going to ask to help you with your claim for compensation. You should read the small print of anyone who offers you help. Be sure to hire an experienced whiplash injury attorney to help you recover all of your harms and losses from the accident.
