Whether you are currently dealing with car accident injuries or just want to know what to do if the unthinkable happens, it is essential that you avoid making some common mistakes afterward. Insurance adjusters are NOT on your side when making an injury claim and will not think twice about taking advantage of seemingly innocuous statements.
In this post, I cover the five mistakes you should avoid when filing a car accident injury claim in New Mexico. While the information below is general, feel free to contact my office for specific legal advice from an experienced New Mexico car accident lawyer.
1. Downplaying OR Overstating Your Injuries
More stoic individuals may be inclined to downplay their injuries. Avoid making this mistake if this is you.
When it comes to your physical and mental well-being, do not be afraid to say how you really feel. Negotiating a settlement or jury award is your one shot at seeking restitution for the losses that someone else caused you.
For example, perhaps you’ve noticed a slight pain in your elbow, but don’t mention it to see if it will “just go away on its own.”
Why is not mentioning even minor pain a mistake?
For the predictable fact that the insurance company might make that slight pain a massive issue if your doctor diagnoses it as something more severe and question why you didn’t say something about it before.
Don’t give them the satisfaction.
In a car accident injury claim, an attorney will look for opportunities to negotiate compensation that accounts for your future losses. Without an accurate look at your complete medical picture, that objective becomes more challenging.
That said, make sure that you are describing your injuries accurately. Overstating your injuries can have as much of an impact on your case as downplaying them.
VISIT WITH A DOCTOR ASAP AFTER A CAR ACCIDENT and tell him or her about ALL of the problems you are experiencing, however minor they may appear.
2. Allowing Emotions to Control You
It’s emotionally taxing to deal with a car accident, injuries, and subsequent financial losses, especially when someone else caused the accident. However, I STRONGLY urge you to think twice about how you react as much as possible when handling a car accident injury claim.
Yelling and screaming DO NOT necessarily make you appear to be more injured. This sentiment applies to:
- The other driver(s)
- Eyewitnesses
- Law enforcement
- Insurance companies
- Civil courts
- Opposing counsel
Because insurance adjusters are looking for any reason to deny you benefits. Stomping around and name-calling may contradict your claims and prevent you from receiving the money you need for injuries you are genuinely experiencing.
Do your best to keep your emotions in check throughout the entire car accident injury claims process, starting from the accident scene.
3. Discussing Your Case on Social Media
Did you know that the insurance company can submit your social media posts as evidence to deny your benefits? Even if you are only discussing how miserable you are, you NEVER know the lengths that the insurance adjuster will take to save his or her employer money.
It is also worth mentioning that you should avoid discussing your case with anyone outside of your attorney, trusted family members, and physician as a general rule of thumb. The world is smaller than it seems, and someone could be listening to what you say as a way to gather intel for a friend.
4. Saying, “I’m Sorry”
While you might be sorry that the accident happened, even if the other driver caused it, it could be construed as a sign of guilt. Unfortunately, this can negatively impact your car accident injury claim.
Even if you think you are partially at fault, do not apologize. Accidents, by their very nature, happen quickly. You cannot be sure of the facts until a New Mexico personal injury has the chance to review the evidence available.
Want to play it safe altogether? Allow an attorney to handle all communications between you and the insurance company.
And while we’re on the subject, this statement brings me to my final point on the list…
5. Not Contacting a New Mexico Car Accident Lawyer
Once you have filed a police report, visited a doctor, and contacted your insurer, your next step is to contact an experienced car accident attorney in New Mexico who carries a reputation for results.
He or she can help you evaluate an offer, preserve evidence, file an appeal, or even take your case to a civil trial if an equitable settlement is not offered. Your lawyer will help you account for all of your losses and work toward asserting your rights to them.
There is a limited amount of time to respond due to New Mexico’s personal injury statute of limitations, so it is vital to act sooner than later.
Call Grano Law Offices, P.C. for Information About Your Car Accident Claim
If you have questions about your car accident injuries or loved one’s wrongful death in New Mexico, call Grano Law Offices, P.C. for a FREE case strategy session at (505) 426-8711 or by sending me a confidential message here.
I take cases on a contingency fee basis, which means I do not get paid unless you make a recovery.
