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ToggleYou’ve been in an Automobile Accident, and it wasn’t your fault. You think you have a case. What should you do? Here are five steps to help prevent innocent mistakes that could affect your Automobile Accident Injuries case.
Stay Quiet About Your Automobile Accident Injuries Case
Don’t talk about your case with anyone. The at-fault driver’s insurance company may send out adjusters or have them call you on the phone. If an adjuster wants to talk about your case with you, tell them to talk to your car accident lawyer. It’s very easy to say the wrong thing that will be held against you during trial. It’s easy to mistake the insurance adjuster for being on your side when they’re friendly and chatty, but remember: They’re NOT. The insurance company is in business to make money, and when they pay out less money to you on a claim, that means they’re increasing their bottom line.
Cease Posting on Social Media Accounts
Times are different and posting personal information on social media accounts could get you in a whole heap of trouble. Insurance adjusters and defense attorneys will examine your Facebook, Twitter, and other social media accounts, even if you have them set as ‘private.” Why? To find anything that may help them with their case so they can avoid taking full responsibility for any damages they’ve caused. They will try to find pictures and postings that show you’re not as injured as you say you are. To be on the safe side, avoid posting new items, especially when it comes to posting photos of your activities.
Read the Fine Print
Before signing anything, check with your car accident lawyer first, even when it comes to signing something you think is inconsequential. Sometimes there’s fine print waiving future injury claims or allowing an at-fault insurance company to access your medical records and violate your privacy.
Pictures
While you don’t want to post pictures on social media, you do want to take pictures anytime you have surgery or a visible injury. Most personal injury attorneys have photographers they can send to document your injuries. You can also take a video of your injuries. They make great evidence to show a jury or an insurance company adjuster just how much pain you’re in or any suffering following a surgery. Don’t forget to take pictures of all the damage to your car. Crash repair estimates can be misleading.
What You Must Prove in a Car Accident Injury Lawsuit
In order to win a car accident lawsuit, Missouri’s personal injury laws require you to prove that the following things are true:
- The defendant owed other drivers on the road (like you) a duty to drive safe and had a legal responsibility to prevent a wreck. In legal terms, this is called the duty of care.
- By causing the accident or failing to prevent it, the defendant breached their legal duty of care owed to you.
- Your injuries were caused by the accident.
- The financial losses for which you are seeking reimbursement in the lawsuit are the direct result of your injuries. These financial losses can include medical bills and lost income, among other losses.
Good Communication Is Key
If you are uncertain about how your actions may impact your case, please pick up the phone and call your car accident lawyer before doing something that could negatively impact your case. Always keep the lines of communication open.
Hopefully, this list will prevent you from making mistakes that could harm your case and provide ammunition for insurance companies and defense lawyers to use against you. Feel free to call one of our car accident lawyers at Wolf and Pravato – the call is free and so is the advice.