Common Mistakes Made by Personal Injury Victims

Common Mistakes Made by Personal Injury Victims

Life is full of mistakes and this article will talk about common mistakes made by personal injury victims. The first mistake people make after they have been injured is believing the insurance adjuster and their claims. The reason you can’t believe the insurance adjuster is they have a duty to their insured. That duty means that they represent the person who caused the accident. They have to do what is in their client’s best interest. Put simply, it is in the best interest of the insured to pay as little as that as possible. If they can get you to accept $200,000 then that’s what’s best for their insured but not for you. Remember, it’s not that the adjuster is a bad person but our judicial system is adversarial. We believe that two sides competing to present their best information is going to get us closest to the truth.

The Second common mistake made by personal injury victims is believing the insurance company when they say that their insured did nothing wrong. Often times people hear this and decide to no longer pursue their cause of action. Remember who the adjuster owes a duty to, it for sure isn’t you. First and foremost it should be to their insureds. Second they have a duty to the insurance company and their shareholders. You don’t make the list.

The third common mistake made by personal injury victims is asking for too little in their initial demand. Your initial demand is going to set the ceiling for your recovery. It is likely not what the insurance is going to pay. In some cases your initial demand will be your cap and often times can hurt you in the long run. Through form 95 in the FTCA your initial demand is the cap that you can receive from a jury. You need room to negotiate with the insurance company. A low demand or a demand on where you think the case will settle for will eventually handicap you.

The fourth mistake people make is not getting an expert involved early enough in the case. Now experts are expensive but the majority of time your attorney will front the cost of the expert and will settle for being reimbursed the cost when the case closes. Experts are a key component of proving any case. The earlier you get an expert involved the more information you will have and the better odds you have of meeting your burden of proving your claim. Involving experts early will also allow them to investigate the scene of the accident before anything changes and gets them a much better idea of what actually happened the day the accident occurred.

Finally, the last mistake people make is not checking for all the available insurance coverages available to their client. Often times there are several different insurances that can apply to a case and even some defendants that you may not initially think should be involved. The most common mistake in car accidents is not looking into the insurance coverages that the injured individual has access to. Insurance like UIM coverage require technical knowledge to access that insurance and not every case applies but when it does it can be a very good avenue of insurance for the injured party.

 
Daniel S. Garner
Written by Daniel S. Garner

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