12 Things You Never Want to Do After a Car Accident
Car accidents are stressful and often traumatic events. In the aftermath, it's crucial to remain calm and handle the situation with care, especially if you plan to pursue a personal injury case in Nebraska. Certain actions taken immediately after a car accident can have a significant impact on your legal rights and potential compensation.
As your personal injury attorneys in Omaha, Nebraska, here are several critical things we recommend you should never do after a car accident.
1. Leaving the Scene
Under Nebraska law, leaving the scene of an accident without exchanging information or reporting it to law enforcement can result in serious consequences, including criminal charges. As your personal injury attorney, we recommend you always stop at the scene, guarantee everyone's safety, and exchange contact and insurance information with the other party involved.
2. Failing to Call Law Enforcement
Even if the accident seems minor, it's essential to call law enforcement to the scene. A police report can provide crucial documentation of the incident, including statements from involved parties and witnesses, which can be invaluable for your personal injury case.
Law enforcement officers are trained to document the details of the accident accurately and impartially. They can create an official police report that includes key information such as:
Date, time, and location of the accident: This establishes where and when the accident occurred, which is crucial for determining jurisdiction and liability.
Descriptions of vehicles and individuals involved: This includes driver information, vehicle registration details, and insurance information.
Witness statements: Law enforcement officers can interview witnesses at the scene and record their statements, which can be crucial for determining fault and liability.
While it may seem like a hassle, calling law enforcement can help preserve crucial evidence at the accident scene. Officers may take photographs, measurements, and notes that can be used later in your personal injury case. This can also be beneficial because adrenaline may fog your memory of the accident, and you may not remember crucial details that could prove the other motorist was at fault.
3. Admitting Fault
Speaking of proving fault, it's important to avoid making any statements or admissions of fault at the scene of the accident, even if you believe you may have contributed to the collision. Fault can be determined through a thorough investigation, and admitting fault prematurely can negatively impact your ability to recover damages. Reach out to a personal injury attorney at Abrahamson Law Office in Omaha to help you avoid making any self-incriminating statements.
4. Neglecting Medical Attention
As your personal injury attorney, we recommend that you seek medical attention right away after the accident, even if you don't believe you're seriously injured. Some injuries, such as whiplash or concussions, may not immediately manifest symptoms but can worsen over time.
Delaying medical treatment can also be used against you by insurance companies or in court to argue that your injuries aren't severe or aren't related to the accident at all.
Additionally, one of the reasons why you may not feel hurt right away after the accident is because your body may be in a state of shock due to adrenaline. Adrenaline can mask the pain and discomfort of injuries that may only be noticeable hours or even days later.
For example, soft tissue injuries like whiplash or internal injuries may not present symptoms immediately but can worsen over time if left untreated. Prompt medical evaluation can diagnose these injuries early, allowing for timely treatment and preventing complications.
Seeking medical care creates a documented record of your injuries as well. Medical records serve as crucial evidence when filing an insurance claim or pursuing a personal injury lawsuit. They establish a link between the accident and your injuries, providing proof that your injuries were caused by the accident and warrant compensation for medical expenses and other damages.
5. Not Documenting the Scene
While law enforcement may document the scene of the accident, it's important to also document the scene yourself if you're able to. Take photos of the accident, including vehicle damage, skid marks, road conditions, and any visible injuries. This documentation can serve as crucial evidence to support your version of events and establish liability.
Documenting the scene immediately after the accident helps preserve evidence before it can be altered or lost. Photos showing the final resting positions of the vehicles can indicate the point of impact and help reconstruct the sequence of events leading to the accident.
If there are witnesses at the scene, documenting their contact information and obtaining their statements can provide additional perspectives on what happened, supporting your version of events.
Insurance companies rely on evidence to process claims effectively. Documentation of the scene, including photographs and written descriptions, can substantiate your claim and facilitate a smoother claims process. It provides insurers with tangible evidence to assess the extent of damages and determine liability accurately.
6. Discussing the Accident on Social Media
While it may be tempting, avoid posting about the accident on social media or discussing it publicly. Insurance companies and defense attorneys can use your statements against you to dispute your claims or minimize your compensation. Contact our personal injury attorney at Abrahamson Law Office if you're concerned or have questions about the social media statements you've made regarding your case.
7. Accepting a Quick Settlement
Insurance companies may offer a quick settlement soon after the accident to minimize their liability. However, these initial offers are often inadequate and may not fully cover your medical expenses, lost wages, pain and suffering, or other damages. Consult with a personal injury attorney before accepting any settlement offers.
8. Ignoring Legal Counsel
Consulting with a qualified personal injury attorney is essential to understand your legal rights and options. An experienced attorney at our law firm can assist you with the challenges of Nebraska's personal injury laws, negotiate with insurance companies on your behalf, and represent you in court if necessary. It can be difficult to focus on recovering from your injuries and filing a lawsuit at the same time. Let our personal injury attorneys handle your case.
9. Delaying the Filing of a Claim
As reported by NOLO, Nebraska has a statute of limitations of four years that restricts the time you have to file a personal injury claim. Failing to file within this time frame can result in the loss of your right to seek compensation. Promptly initiating legal action guarantees that your case is handled within the statutory deadlines.
10. Exaggerating or Misrepresenting Injuries
We recommend that you be truthful and accurate when describing your injuries to medical professionals, insurance companies, and legal representatives. Exaggerating or misrepresenting injuries can undermine your credibility and jeopardize your case.
11. Engaging in Confrontations
After a motor vehicle accident, tension can run high. As your personal injury attorneys, we recommend you avoid confrontations with the other party involved in the accident or their insurance. Remain calm and focus on gathering the necessary information and documenting the scene.
12. Signing Documents Without Understanding Them
Before signing any documents related to the accident or insurance claims, carefully review them with your personal injury attorney at Abrahamson Law Office. Make sure you understand these documents' implications. If necessary, seek clarification from your attorney. We're here to help.
Contact an Attorney You Can Count On
Tackling a personal injury case following a car accident in Nebraska requires careful attention to detail and adherence to legal guidelines. By avoiding these common mistakes and seeking appropriate legal counsel from our Omaha law office, you can protect your rights and maximize your chances of receiving fair compensation for your injuries and losses.
Remember, each decision you make in the aftermath of an accident can impact the outcome of your case, so approach the situation with caution and prioritize your well-being and legal interests.
For more information or to schedule a consultation with us, reach out to a personal injury attorney at our Abrahamson Law Office in Omaha, Nebraska, today. We serve the counties of Sarpy, Douglas, Washington, Saunders, Otoe, and Dodge for your convenience. We can also help with family law and criminal defense.