Our Experienced KY Injury Lawyers Explain Mistakes to Avoid After Filing a Car Accident Claim

When you’ve been injured in a car accident, it’s not always easy to think clearly, keep a level head, and take the right steps to ensure maximum compensation. Protecting your right to a fair settlement begins immediately following the crash, and a single misstep could jeopardize your chance to recover for accident-related damages. Avoid mistakes when filing a KY accident claim

The skilled car accident lawyers at Skeeters, Bennett, Wilson & Humphrey understand that people injured in car accidents are often confused and make mistakes that can put their personal injury claim at risk. Here, we discuss the top errors we see clients make after a KY car accident.

Accepting a Quick Settlement Offer

No one wants their car accident injury claim to drag on longer than necessary. However, accepting a quick settlement offer is never in your best interests and can mean losing money that could help with your recovery.

An insurance adjuster may push for a quick settlement so you can “put the crash behind you.” Remember, however, that the incentive is for the insurance company to make money. They will sometimes make a quick low-ball offer to minimize their payout. The insurer can get away with paying you less if you agree to a settlement before you’ve:

  • Finished your medical treatment
  • Assessed your need for future medical follow-up care
  • Determined how much time you will miss from work

Generally, you can't reopen your case once you have signed a release and received a settlement, even if your injuries turn out to be more serious than you first believed. Before you accept a quick settlement offer, have a lawyer review your damages and the offer you have received.

Giving Insurers More Information Than Necessary

It is important to remember that the insurance company for the person that caused your wreck does not represent you. They represent the person that hit you. Their incentive is to settle your claim as quickly as possible for as little money as possible. Shortly after your accident, the insurance company may want you to give a recorded statement about the accident. Providing statements to insurers is risky, and you should decline to give one without your attorney present. Often, insurers take these statements out of context and twist them, disputing the severity of your injuries or liability for the crash.

You should also decline requests for the release of your full medical records. The insurer does not have a right to know your full medical history. Insurance companies may blame your accident-related injuries and disability on prior conditions to get out of paying the compensation you deserve.

Delaying Medical Care

Most importantly, getting medical care promptly following a crash is important for your physical recovery. It is also important to document your injuries and their severity. Seeking medical attention if you are injured not only begins a “paper trail” for your lawyer to use as evidence in your claim, but it also helps prove that the accident caused your injuries. If you don’t seek medical attention, the insurance company may try to claim the following:

  • Your injuries weren’t serious enough to warrant medical treatment
  • You made up or exaggerated your injuries to support your personal injury claim
  • Your injuries were caused by some other accident or incident

Waiting to Consult a Kentucky Personal Injury Attorney

It’s important to obtain legal representation after you’ve been injured in a car accident. Skilled lawyers can help with your car crash claim in many ways, including the following:

  • Gathering evidence and documentation in support of your case
  • Handling communication and settlement negotiations with the insurance company
  • Advocating for you and helping to obtain the compensation you deserve

You should also hire an attorney as soon as possible to make sure you meet the statute of limitations. Under state law, you must file your claim or lawsuit by this legal deadline. Otherwise, you could lose your right to receive compensation for your losses.

Under Section 304.39-230 of Kentucky Revised Statutes, you typically have two years from the time of the automobile wreck to file a claim. There are, however, many exceptions to this rule, and a skilled KY injury attorney can explain them.

Skeeters, Bennett, Wilson & Humphrey Can Help You Avoid Personal Injury Claim Mistakes

Hiring the right personal injury attorney is the most important step you can take to protect your legal rights and help ensure a fair settlement after an accident. At Skeeters, Bennett, Wilson & Humphrey, we navigate the legal process carefully and skillfully. We’re here throughout your case to provide common sense advice, honest answers to your questions, and the peace of mind of having qualified legal counsel.

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