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Top 6 Mistakes to Avoid on Auto Accident Injury Claims



When hurt in an auto accident, your first concern should be your health. Then, it would be best if you thought about filing a claim to obtain the compensation you deserve for your injuries. There are critical mistakes you should avoid to protect your ability to get the money you need for your damages.


1) Failing to File a Police Report


Texas law requires you to file a police report whenever you are involved in an auto accident that results in injuries or fatalities. Sometimes, the other driver may try to keep you from calling the police because he or she does not want to get in trouble or go through the insurance companies. Failure to file a crash report will make your case more difficult to prove, however. The police report offers an official account of the accident and provides details essential to your lawsuit.


2) Waiting Too Long to Get Medical Attention


Many people wait to see the doctor because they are unsure whether their injuries are severe or because the visit may be inconvenient. Waiting to get medical treatment can be a costly mistake. The longer you wait to get medical care for your injuries, the more challenging it will be to prove those injuries occurred due to the accident. If you wait too long, you will also have a hard time showing that the injuries are severe.


3) Taking Too Long to File a Claim


The Texas statute of limitations generally allows you to file a personal injury claim within two years of the date the injury occurred. If you fail to file a formal lawsuit, you may not collect damages. The longer you wait to file a claim, the more difficult it will be to prove negligence and damages. Therefore, it is best to talk to a Houston personal injury attorney as soon after the accident as possible.


4) Not Following Doctor’s Orders


Your doctor will provide you with treatment and give you ongoing instructions. If you fail to follow the doctor’s orders, it’s challenging to prove your injuries. For example, if your doctor tells you to stay off your feet for several weeks, but you return to work early, the insurance company may argue that you were not hurt. Always respond to your doctor for recommended follow-up visits and follow the care instructions your physician provides.


5) Taking the First Offer from the Insurance Company


Often, the insurance company will try to avoid paying out large sums of money by offering you an initial settlement. They know that you may need cash, and you are likely to accept any payment they provide. Know an early offer is likely too low and may not cover your expenses. If you cash the check, you waive your rights to further legal action. Instead, allow your attorney to handle negotiations with the insurance company.


6) Giving a Recorded Statement to the Adverse Adjuster 


Giving a recorded statement. Making a recorded statement to the insurance adjuster for the negligent person is rarely a good option for an injury victim. What you say can hurt you and will not help you. When asked to give a recorded statement to the other insurance company, consider speaking with a personal injury attorney first. 


If you or someone you love were involved in a car or truck accident and suffered a severe injury, do not delay. Our personal injury law firm has the experience and expertise to handle all severe injury personal injury claims. 

Contact Baumgartner Law Firm today for a free initial consultation.  Call (281) 587-1111.

Greg Baumgartner

attorney greg baumgartner

Greg Baumgartner has practiced personal injury law since 1984. He holds not one but two law degrees and is a graduate of Trial Lawyers College. He is licensed in Texas and Colorado. Mr. Baumgartner has earned a reputation for exemplary results for his clients. And has been preeminent rated for decades and recognized by Top 100 Trial Lawyers, Super Lawyers, Expertise, Newsweek, Houstonia magazine, and many others. He has given educational talks to lawyers and many media interviews regarding personal injury cases.