5 Infractions That Can Reduce the Amount You’re Awarded in an Auto Accident Lawsuit
Personal injury attorney Mack Babcock instructs Colorado motorists on the legal precedent for how they are expected to respond in the event of a car crash
Our Denver car accident attorneys have extensive experience handling injury cases. It doesn’t matter if you have a minor scrape or a major collision, we are here for you.
The seconds and minutes following an auto accident are critical. Being in an accident is a frightening and overwhelming feeling. However, in the chaos that ensues after a crash, it is vital to remember to maintain your composure and ensure that certain procedures don’t get overlooked since they can have a huge effect on any monetary compensation you may ultimately be awarded in a lawsuit.
Below are five mistakes that can negatively impact the outcome of your auto accident lawsuit.
1. Not Calling 911
Contacting the police should be one of your first actions in the event of an accident, especially if someone is injured. For minor accidents, people sometimes opt to exchange information. According to the Colorado DMV, if the following conditions are true, you are not required to have a police officer respond to the scene of an accident and can instead file an incident report online:
- There were no fatalities or injuries involved.
- The accident was not a hit and run.
- No public property was damaged.
- There was no suspicion of any party driving under the influence of alcohol or drugs.
In the event of death, injury or property damage, you will need the details of a police report in order to receive your maximum compensation.
2. Having No Proof of Damage
In order to win an auto accident case, you will need to be able to show a judge and/or jury clear evidence of the crash scene. The best and easiest way to do this is with photographs. Most people have smartphones that come equipped with a decent camera. Not only should you take pictures of your car and any injuries you (and others) have received, but also snap a few shots of the accident scene.
3. Not Seeing a Doctor (or Choosing the Wrong Doctor)
Your insurance company will most likely impose a penalty if you do not seek medical attention as soon as possible following an accident. If you are injured in a crash, head immediately to the nearest ER. If you delay seeking treatment, even by just a couple weeks, it could hurt your case. Insurance companies typically hold the victim responsible if he or she does not get prompt medical attention.
Seek follow-up care if you are not healing well. A lapse or delay in treatment can hurt your case, not to mention your body. Also, make sure that the doctors and medical professionals treating your injury accept medical payments coverage through your auto or health insurer, as not all doctors will accept insurance coverage payments for accident victims.
4. Not Telling Your Insurance Company
Insurance companies generally require that they be immediately notified of an accident in order to provide proper coverage. If you’re involved in an accident, notify your insurance company as soon as possible.
5. Waiting to Seek Legal Counsel
If you are injured because of an accident, don’t delay in contacting an attorney. Especially if you’ve never been injured in an accident before, you’ll probably have questions. Contacting an attorney quickly ensures that you and your witnesses will not forget important details of the accident. Another benefit of working with an attorney is that you may not have to handle your insurance company – your lawyer will do it for you.
For the best legal representation in Colorado, schedule an appointment with The Babcock Law Firm today. We offer free consultations, so there’s no risk – but plenty to gain.
5 Medical Mistakes that Could Hurt Your Auto Injury Case
Mack Babcock has represented many victims who have had their lives altered or inconvenienced due to the negligence of another driver
The medical errors listed below could affect the amount of compensation you receive or possibly eliminate your compensation altogether. Being aware of these errors can help you avoid making mistakes and receive the compensation you deserve.
- Delaying medical attention. When you’ve been injured in a car accident, it is crucial that you seek medical attention immediately. If you wait, it becomes difficult to prove that your injuries were a result of the accident. You could also be putting your health at risk by assuming your injuries are not serious.
- Withholding information. Your case can be botched quickly if you do not tell the doctor everything. Let them know every symptom you are experiencing as a result of the accident. If on the first visit you are not feeling the pain, set up a follow-up appointment to inform the doctor of any new symptoms that could be a result of the accident.
- Not disclosing previous accidents or injuries. It is possible that your recent accident re-injured a pre-existing condition. Don’t hide this information from your attorney, insurance company or doctor. You will not be penalized from compensation because of your previous injury, but you could be if you do not disclose the information up front.
- Not seeking a permanent impairment rating when necessary. If you are having lingering back pain, neck pain or any other symptoms, you need to request that the doctor evaluate you for a permanent impairment rating. Receiving the proper documentation from your doctor is crucial in making sure that you are compensated in full.
- Not following through on medical treatment. Always adhere to the advice given by your doctor. Make follow-up appointments and carefully follow all instructions regarding your treatment. If there are gaps in appointments, physical therapy sessions or any other treatment meant to help you recover, it could signal to the insurance company that your condition is not serious and they may dispute payment. Medical treatment is not only crucial for your recovery but also for your legal claims.
According to NHTSA, 2.2 million people are injured each year in auto accidents.
Our Denver law firm understands the challenges faced by auto accident victims and their families. We are dedicated to helping you move forward and receive the compensation you require and deserve.
If you have been injured in an auto accident, let Colorado professional attorney Mack Babcock to help you through this difficult circumstance. You don’t have to handle this alone.
Continue reading these related articles for more information…
- 5 Infractions That Can Reduce the Amount You’re Awarded in an Auto Accident Lawsuit
- Colorado Car Insurance Guide: Everything You Need to Know about State Requirements
- Dealing with Insurance Company after a Car Accident
- What to Do After a Car Accident
- 5 Duties Every Driver Has to Act with Reasonable Care
- 3 Ways You Can Prove Fault in a Car Accident
**NOTE – this article and all content at Injurylawcolorado.com is for informational purposes only and does not constitute legal advice
While the Babcock Law Firm tirelessly works to obtain successful outcomes for its clients, prior positive outcomes are no guarantee of future success. Indicating prior positive results is in no way intended to guarantee future results.