When a person files a truck accident claim, they will be required to obtain various forms of evidence to prove liability against the at-fault driver. Although this may seem like an easy task, the truth is that the opposing party will be ruthless in their attempt discredit your claims. As a result, the room for error will be increased as the defense tries to challenge the validity of your claim. However, to avoid making a mistake during the claims process, you could get in touch with an experienced attorney for help.
Our lawyers at AW Smith Law Firm are well aware of the biggest mistakes to avoid after a truck accident in Columbia and could help ensure that you do not trap to these mistakes. Call today to schedule a free consultation.
Admitting fault at the scene of a truck accident in Columbia, as well as throughout all of Missouri is not necessarily a mistake, but it could hurt any type of subsequent claim and/or litigation in a damage claim. In certain situations, when someone is involved in a collision, individuals feel the need to apologize. Although, this is a natural human emotion, the act of admitting guilt is admitting a certain amount of culpability, fault, and liability.
Refusing immediate medical treatment following a collision is a mistake. If one denies medical treatment immediately following a collision and does not report to any type of medical provider shortly thereafter, the defense could claim that the victim suffered little to no injuries.
People make the poor choice of refusing medical treatment because oftentimes following a collision, an individual’s adrenaline and endorphins are at a heightened level. People are in shock and are still coming to grips with what just occurred. As a result, they may not be fully aware of their physical condition.
Regarding a truck accident case, it is misguided not to follow a doctor’s orders or follow-up with medical treatment. Following a collision, if a person is physically injured and sees a healthcare professional, that healthcare professional through their education, training, and experience knows how to properly diagnose and treat a particular injury. In properly treating injuries, a doctor may prescribe orders for a person to follow. Therefore, if a person refuses to not follow up with the treatment set forth by their doctor, the court may view them as someone who was not as injured as the may have claimed to be considering that they felt the need to not follow through with treatment.
A treatment gap could hurt a person’s case, because sometimes it shows that there was a certain level of recovery and that their recovery was going well. A treatment gap shows that there may have been some type of intervening cause or intervening action, which exacerbated the preexisting injury. It could sometimes show that there may have been a refusal to follow doctors’ orders. In those types of situations, a claims adjuster, lawyer, and/or jury may look at that as evidence of non-compliance of an injured individual.
There are common scenarios in which the other driver’s insurance company might offer a check and it could be a poor choice to cash this check. Oftentimes, an insurance company would contact an injured individual and offer a nominal amount of money in an effort to resolve the situation before the individual is fully aware of their rights and remedies. If a person cashes this check, the insurance company would require that a release be signed in conjunction with the check. Sometimes just the mere action of cashing the check could be considered a full and final acknowledgement of settlement.
Some ways in which attorneys could help investigate the initial steps of dealing with a truck accident include by collecting their medical records, their medical bills, and any and all documentation necessary to reflect loss of wages. An attorney could also take the proper steps to provide the insurance company with evidence of all a person’s economic and non-economic losses. Furthermore, an attorney would deal with the insurance company, taking that stress and responsibility away from an injured person so the injured person could focus on recovering from their injuries.
Lastly, an attorney could inform you of the biggest mistakes to avoid after a truck accident in Columbia. By knowing this information, you could increase the likelihood of obtaining the compensation you deserve.