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6 Mistakes to Avoid When Filing a Personal Injury Case in Colorado

February 15, 2022Auto Accident,Personal Injury

While a personal injury lawyer in Thornton can protect you from most major mistakes during a claim, you should also do your best to strengthen your case’s odds of success on your own by avoiding common faux pas. What you do and do not do can have a significant impact on your ability to recover financial compensation after an accident. Avoid these six costly mistakes to preserve the integrity of your case.

Not Reporting Your Accident

Failing to report your accident to the proper authorities can cause a hitch in your personal injury claim. An insurance company may allege that the accident did not happen the way that you say it did – or did not happen at all – without a police report to back up your story. You may also be missing important facts about your accident, such as the names of those involved. You should call the police to report most injury accidents in Colorado. You may also wish to tell a property owner, shop manager, employer or product manufacturer, depending on the type of incident.

Confessing Fault or Guilt

One of the most common mistakes made by injured accident victims is apologizing for the accident or admitting fault. Although the aftermath of a harmful accident can be confusing, stressful, and overwhelming, it is critical to remember not to confess any fault or guilt. This includes saying you are sorry to the other person, as this could be misconstrued as admitting to causing the accident. Instead of admitting fault, wait for an investigation to determine what happened.

Skipping Medical Care

Adrenaline can easily mask pain and other signs of injury after a car accident. This is why it is important to see a doctor or go to a hospital as soon as possible after an accident, even if you feel fine. Failing to get immediate medical care can be a red flag to an insurance company. It can show that 1) you were not badly injured, 2) you were not injured in the accident that is involved in the claim, and/or 3) you failed to mitigate your injuries with proper medical care. These issues could adversely impact your ability to recover compensation from an insurance company. Not following your doctor’s orders or treatment plan can also hurt an injury claim.

Hiding Pre-Existing Injuries

Many accident victims have pre-existing injuries and medical conditions that they may feel they have to conceal during a personal injury claim. It is critical, however, not to hide a pre-existing injury from your attorney, your doctor or an insurance company. Your lawyer needs to know everything about your case for it to succeed – including your medical history and any prior accidents you’ve been in. Concealing pre-existing injuries from an insurance company can have even worse consequences, such as an allegation of insurance fraud and a denied claim.

Waiting Too Long to Take Legal Action

If you suspect that you have grounds for a personal injury lawsuit in Colorado, do not wait to consult with an attorney and take legal action. A law known as the statute of limitations in Colorado places a strict deadline on your ability to file a claim. This deadline is two years from the date of the accident, with some exceptions.

Trusting an Insurance Company

Despite promises and slogans claiming otherwise, insurance companies are not on your side and do not want to help you after an accident. They want to conserve their own profits. It is vital not to trust an insurance company during the claims process. Do not give them a recorded statement, admit fault or accept the first settlement that is offered to you. Instead, contact an attorney to discuss your case and legal rights in more detail. An attorney can help you go up against an insurance company in Colorado in pursuit of just results.