What Can Invalidate a Personal Injury Claim?
December 13, 2021 | Personal Injury
If you or somebody you love has sustained an injury, you may be wondering whether or not you have a valid personal injury claim against another party. In general, another party must be negligent in order for an injury claim to be successful. Here, we want to discuss some things that could invalidate, or at least lessen the value of, a personal injury claim.
Giving Statements to Other Parties
One of the most important things to remember as your personal injury claim is ongoing is that the insurance carriers are not on your side. This is particularly true for the at-fault party’s insurance carrier. If you speak to the other parties or give a recorded statement, this could certainly be used against you. You are under no obligation to give a recorded statement to the insurance carriers. In doing so, you could accidentally say something that jeopardizes your injury claim. You need to let your Seattle personal injury attorney handle all communication with other parties involved.
Not Seeking Medical Care Soon After an Accident
If you do not seek medical care soon after an accident or injury occurs, this could hurt your claim. By seeking immediate medical care, you establish a solid link between the injuries and the incident in question. Yes, we understand that there are times when the signs and symptoms of some injuries do not occur until hours or days after an incident occurs. However, you need to go to the doctor right away after an accident in order to ensure the best chance of recovering compensation.
Discontinuing Medical Treatment Early
It is incredibly important to continue all medical treatment until after a doctor says you have reached the point of maximum medical recovery. If you discontinue treatment against a doctor’s advice, this could seriously jeopardize your overall personal injury claim. Additionally, you need to go to every doctor and medical visit as scheduled. There should not be any gaps in the treatment that you receive, or the other parties involved could use this against you.
Signing Over Medical Records Authorization
Signing over medical authorization to the insurance carriers will give them complete access to all of your prior medical records, including incidents that have nothing to do with the accident in question. You have a right to privacy when it comes to your medical records, and the only records the insurance carriers need to see are the ones directly related to the current incident. If you sign over all of your medical records, insurance carriers could dredge up old injuries and try to use those to explain your current symptoms.
Posting About the Crash Online
You should not post anything about your injury online. It can be very tempting to post about an accident on Facebook, Instagram, TikTok, Twitter, or a blog. However, the insurance carriers and legal teams for the other party will most certainly be scouring the Internet for information related to the incident. Anything you say about the incident could be used against you. Additionally, it’s encouraged to refrain from posting anything on social media while your case is ongoing. Even the most innocent Facebook post about taking your kids hiking could jeopardize your claim because the other party could say that you are not truly injured if you are able to make a trip like that.
Contact an Attorney Today
If you or somebody you love has sustained an injury caused by the actions of another individual or entity, reach out to an attorney today. A skilled personal injury lawyer in Washington can examine your entire claim and help recover the evidence needed to prove liability. An attorney will vigorously negotiate with the insurance carriers involved, and they will also prepare your case for trial if one becomes necessary.