By Paul R. Kirst, Esq.
There is a joke that goes something along the lines of “What is the most common thing said before someone dies? ‘What could go wrong?’”
We at Craig P. Kenny & Associates don’t want to joke about death, dying, or even being injured, but that old joke certainly can be applied to the potential value of a personal injury claim. There are many seemingly innocent things an injured person can do that can make things “go wrong” for their claim. As one can see from my firm biography, I have practiced law in Clark County since 1990 – with many of those years practicing as an insurance defense lawyer – and this article identifies some of the pitfalls I have encountered over the years.
DELAY IN SEEKING TREATMENT. Insurance companies (who attempt to value your claim for settlement purposes), Arbitrators, Judges, and Juries will often conclude that actions speak louder than words. Your actions following a crash will speak volumes. For instance, those individuals and groups will consider your actions and give as much – or more – weight to those actions than to what you have to say about your injuries. In particular, following a crash, you may be experiencing pain, but are waiting to see if it “just gets better on its own.” Once you know the pain is not going away, you might only then seek legal counsel and/or medical treatment. The problem with that course of action is that it might be sending [an incorrect] message that you were not hurt in the crash. The faulty line of reasoning is that “hurt people seek medical care.” Taken to the extreme, the insurance company’s thought process is that if you had a broken leg, you would seek immediate care so you should immediately seek treatment for every alleged injury. Fair? No. Persuasive to those that value and/or decide your case? Often yes. We discourage the concept of seeking unnecessary treatment, but we do suggest you promptly seek treatment and legal representation if you are in pain following any type of personal injury event.
As is often the case, what is good for you legally is also good for you medically. Another important reason to seek treatment soon after a crash, fall, etc. is to ensure you understand the nature of your injuries. You may have a serious injury that should not be ignored. We understand that you may simply not know who to seek treatment from. If that is the case, contact us and we can help you get started in the right direction.
SPEAKING TO THE INSURANCE COMPANIES. Another “what could go wrong” moment is speaking with either insurance company without legal representation. Make no mistake about it: the insurance company is in business to make a profit and the less they have to pay you, the more profit they make. Generally speaking, those initial phone calls are not going to help your claim. An innocent answer could come back to haunt you. For instance, you may be asked if anyone was hurt in the crash and you, picturing broken bones and a trip to the emergency room in an ambulance (rather than your current aches and pains), respond “No.” That answer can come back to bite you as they will later throw it in your face that you said nobody was hurt. At the MOST you should limit that initial contact to very basic information needed to open the claim and get started on vehicle repairs. Better yet, call and make an appointment with one of our experienced attorneys who will start and guide you through the claim process. We can get the ball rolling for you as well as find you a provider and get that property damage claim started.
POSTING ON SOCIAL MEDIA. Some people actively post on social media platforms such as Facebook. What they don’t realize is that even an innocent post can cause an adverse consequence to their claim. For instance, due to their injuries and or sheer exhaustion from the turmoil of a crash, they may not be up to cooking dinner so they might stop for dinner on the way home after the crash. If they check in to that location on social media, their actions (checking in) may speak louder than their words, and that check-in could send the wrong message: That they are not hurt and are out having a good time. Another trap is being “tagged” in someone else’s social media post. It is a better idea to stay off social media altogether.
The bottom line: A LOT can go wrong in the early stages of a personal injury claim. Some of those traps just aren’t obvious unless you work with personal injury claims every day. If you, a loved one, or a friend are involved in a crash or other personal injury situation, give us a call immediately so one of our experienced attorneys can help you avoid those traps.
