Even in cases where compensation for an accident is well deserved, it is not guaranteed. Insurance companies and defense counsel will fight hard to minimize their liability and protect their financial interests.
If you are an injury victim, it is important to understand the key mistakes to avoid following a Boca Raton truck accident. Knowing what to do could protect your case and help ensure you receive the compensation you deserve. For more information, get in touch with the respected Boca Raton truck accident attorneys at Kogan & DiSalvo.
Refusing Medical Treatment
Refusing immediate medical treatment is a mistake, and the refusal of initial treatment could hurt a person’s case. Due to the adrenaline and shock of being in a collision, a person may not feel their injuries immediately. However, if a person refuses medical treatment at the scene, the investigating police officers and paramedics would put in their reports that there were no injuries. This is not necessarily true since some injuries can take hours or days to fully appear. These reports could be used by insurance companies to minimize or negate the severity of a person’s injury and minimize their monetary compensation.
People often refuse treatment because they do not want to be stuck with the ambulance or hospital bills. However, these bills are covered by their personal injury protection insurance coverage with their auto insurance company. An individual should never refuse medical treatment because of the fear of a large bill down the road.
Not Following Doctor’s Orders
One of the biggest mistakes to avoid following a Boca Raton truck wreck is not following the doctor’s orders regarding medical treatment. This is because any failure to follow the doctor’s instructions would be deemed a failure to mitigate damages under Florida law. This means that a person could be found partially at fault for their own injuries.
In Florida automobile collision cases, a person must sustain a permanent injury to recover for their pain and suffering and other non-economic damages. If a person has a gap in treatment, the insurance company would argue that the person did not sustain a permanent injury, because if they did they would continuously undergo treatment for that injury.
The reality is that medical treatment is time-consuming, takes people away from their jobs and families, and is expensive. However, the argument is that a person who is truly injured would do whatever they could to make themselves better, including sacrificing their limited free time to obtain treatment.
Giving Recorded Statements to Insurance Companies
A person should never give a recorded statement to the other driver’s insurance company before consulting with an attorney because insurance companies are not in the business of being fair. An unrepresented person may be taken advantage of by insurance companies if they give a statement without the consent and knowledge of their attorney. Often, insurance companies try to get in touch with an injured person prior to the injured person obtaining counsel. They try to beat the clock and lock in a statement before the victim can obtain legal advice.
Insurance companies usually contact people by telephone or mail. People should be wary when an insurance company calls them or mails them requesting a statement. They should refuse to provide a statement until they have spoken to a lawyer. Upon consulting with a lawyer, the attorney could properly prepare the individual for the statement and help schedule it for a time and date that is convenient for the person.
Cashing a Check Before Speaking with an Attorney
There are scenarios where the other driver’s insurance company might offer a check, and cashing this check could be a mistake. Sometimes, insurance companies try to get to the person first and offer them money in exchange for signing a release, which prohibits them from filing a lawsuit against the insured.
This is a mistake because they do not have anyone who represents their interest to make sure that the settlement offer is fair or that the contract they are being asked to sign is fair. A person should never accept a check, cash, or promise of any sort from an insurance company or another person involved in the accident without first speaking with a qualified attorney who handles these types of cases.
Failing to Contact a Lawyer
Another one of the mistakes to avoid following a Boca Raton truck accident is not contacting an attorney as soon as possible. The best time to contact a lawyer is immediately after any life-threatening injuries are taken care of. An attorney could help an individual navigate the initial steps of dealing with the aftermath of a truck accident, including but not limited to:
- Acting as the liaison between the injured person and the insurance company
- Helping the individual sort their property damage
- Helping the victim obtain medical treatment
- Helping the individual obtain the necessary evidence to prove their case
Reach Out to a Qualified Truck Accident Lawyer
Knowing the mistakes to avoid following a Boca Raton truck accident could be the key to obtaining full and fair compensation for your injuries. If you were injured in an accident, you could benefit from hiring the skilled lawyers at Kogan & DiSalvo. Our seasoned legal team understands how to fight for the compensation you deserve. Call today and schedule a free consultation.