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Top 5 Biggest Mistakes to Avoid in VA Auto Accident Cases

by John E. Lichtenstein
Top 5 Biggest Mistakes to Avoid in VA Auto Accident Cases

If you are injured in a car crash someone else caused, you will want to avoid making mistakes that can jeopardize your case. Those errors include not getting medical treatment, not calling the police, failing to gather evidence, admitting guilt to anyone, and not talking to a lawyer right away.

These are some of the most common missteps, but they are not the only ones. If you are involved in a Virginia car crash, you will definitely want to avoid making these five major mistakes.

  1. Failing to Seek Medical Care

Failing or refusing to seek medical care after a car accident can be a critical mistake. After your crash, you should ensure that you are not suffering from any minor or major injuries. Some injuries, such as internal organ damage or traumatic brain injuries, are not visible. Other injuries like whiplash can take days to develop. If you do not seek medical treatment immediately after a crash, the insurance company can argue that you are not as extensively injured as you claim.

You must follow your doctor’s instructions and stick to the treatment plan they give you. Not only is this the path to better health, but it also shows that you are actively trying to recover from your injuries.

  1. Not Calling the Police

Right after a motor vehicle accident, you should call the police. A driver involved in a collision resulting in injuries, death, or property damage is required to report it to the police. The police will create a detailed accident report that can support your claim. Before the officer allows you to leave the scene, find out how to get a copy of the police report for your lawyer. A police report can be a vital piece of your car accident claim, documenting contributing factors and other details about the collision.

  1. Not Collecting Evidence

You will need evidence to support your claim against another party. Unfortunately, many accident victims forget to collect relevant evidence in the aftermath of a crash. You may be confused and disoriented immediately after the collision. But if you’re able, you should take pictures or video of the vehicles, the area surrounding the wreck, visible street signs, any hazards on the road that contributed to the crash, and your injuries.

You also need to exchange information with the other driver and get contact information from any witnesses who saw what happened. If they’re willing, ask them to tell you what happened and write down their version of events.

If you can’t do any of these things because of the severity of your injuries, your Virginia auto accident lawyer can collect this evidence on your behalf. They will also know exactly what type of proof is needed to support your claim.

  1. Admitting Guilt

When talking to the other people in the accident, avoid saying, “I’m sorry,” or anything else that sounds like you might be admitting to causing the crash. Don’t say anything to the police like, “I didn’t see the other car.” Only give factual statements about what happened, but don’t admit that you were at fault. Any admission of guilt can be used against you by the other side’s insurance company. Do not lie to the police – explain the accident and the circumstances surrounding it. Just don’t admit to causing the wreck.

  1. Not Contacting a Lawyer

After contacting the police and seeking medical treatment, you should immediately consult a lawyer. If you wait too long, you could lose your right to seek the compensation you need for your injuries. Handling a claim on your own can be complicated, and there are many rules and procedures to follow. An experienced car accident attorney will understand what’s required and can make sure that your claim is filed promptly. They can also handle any litigation that comes from your accident. Contact our Roanoke car accident attorney today.

How Can I Avoid These Mistakes?

The best way to avoid these mistakes is to keep a clear head at the scene of the accident. After you’ve gotten the medical care you need, your first step should be to reach out to a skilled attorney with experience in Virginia car accident cases. An attorney will take on the burden of your case, handling all the legal details while you focus on healing from your injuries.

What Should I Do After a Virginia Car Accident?

Along with the steps outlined above, there are other ways you can protect yourself and your rights after someone else injures you in a crash in Virginia. These steps include:

  • Let your lawyer handle communication – Allow your lawyer to communicate and negotiate with the insurance company for you. Insurance adjusters know that most people don’t have a thorough understanding of how car accident claims work. They will use their skills to trick you into saying something that could harm your claim.
  • Don’t release your medical records – Don’t sign a release that gives the insurance company access to all your medical records. They will look for preexisting conditions and other facts in your history that they can say are the true source of your current medical condition.
  • Be honest with your lawyer – Tell them exactly what happened. Don’t exaggerate your injuries or the circumstances surrounding the accident. Your lawyer needs to know how the collision occurred.
  • Save documentation of losses – Keep all receipts, bills, auto repair estimates, and other records of accident-related expenses so that your attorney can accurately assess your accident-related losses.
  • Don’t take the first offer – Don’t accept the insurance company’s first offer, as it will undoubtedly be much less than you deserve. Discuss all offers with your attorney before accepting one.
  • Stay off social media – It’s natural to turn to your friends and family for support. However, if you do that on social media and the insurance company finds something in one of your posts that suggests you weren’t as injured as you claim, it can harm your case.

Contact a Virginia Car Accident Lawyer

After someone else’s negligence harms you in a car crash, reach out to Lichtenstein Law Group PLC. Our team takes personal injury claims seriously, recovering millions of dollars for our clients. With our attorneys on your side to pursue your car accident claim, you can demand the compensation you deserve. Don’t wait. Contact Lichtenstein Law Group PLC today for a free consultation with a Virginia auto accident lawyer.

John E. Lichtenstein is a founding member of Lichtenstein Law Group PLC.

John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.