Car accidents can traumatize you both physically and mentally. But it’s important to try to maintain a level head after a vehicle collision, as the actions you take after a crash can affect your ability to recover injury compensation under Nevada law.
The liability for a crash depends on negligence. A driver acts negligently when they injure someone due to a lack of reasonable care. If the other driver failed to drive with the prudence of a reasonably careful driver, they may be liable for the losses resulting from your injuries.
On the other hand, certain mistakes can give the at-fault driver and their insurer an opening to deny liability or even shift the blame to you. Here are five key mistakes you will want to avoid making after an auto accident in Nevada:
1. Admitting Fault
The insurer can use any admission you make against you. As a result, it’s essential to avoid admitting fault for the accident.
Statements like “Sorry, I didn’t see you” or “I tried to stop but was going too fast” could jeopardize your injury claim. In other words, an insurer might give your admission of fault more weight than eyewitness testimony and forensic evidence that places the blame on the other driver.
2. Giving a Recorded Statement
Your words have so much power that the insurance company may try to create an audio recording of you admitting the weaknesses in your claim. These weaknesses might include:
- You contributed to the cause of the crash
- Your injuries are less serious than you claimed
- The crash did not cause your injuries
If the insurer cannot get you to admit anything explicitly, it may twist your words into an admission. For example, suppose that the insurance adjuster asks you how you feel and you answer, “Fine.” The insurer could argue you experienced no symptoms at the time of your call and, thus, had fully recovered.
You can try to counter this argument using your medical records to prove the extent of your injuries. Even if you overcome your words, the uncertainty they raise could cost you valuable time and reduce the compensation you eventually receive.
3. Ignoring Your Injuries
No matter how insignificant you feel your injuries are, it’s vital to seek medical attention after a crash. Seeing a doctor promptly can help in the following ways:
- Diagnose hidden conditions like internal injuries or a concussion
- Prescribe a treatment plan to help you get better
- Document your injuries in your medical records
- Identify any limitations on your abilities
The compensation for your losses can cover your future medical costs. By seeking medical attention, your doctor can determine what treatment and therapy you might need in the future, leading to a more accurate estimate of the compensation necessary for your recovery.
4. Waiting Too Long
Nevada has a statute of limitations that sets a deadline for filing an injury lawsuit. A personal injury lawsuit must be filed within two years of the date of the accident. However, you should consult a lawyer promptly after your injuries for a few reasons.
First, time can pass quickly while you deal with your injuries. Appointments for medical treatment, surgery, and physical therapy can compress that time. Waiting until you feel better might cause you to miss your deadline.
Second, the statute sets a deadline for filing a lawsuit. You will need to start an insurance claim before the deadline to give your lawyer time to attempt a settlement. If your lawyer can settle the claim before the deadline, you will not need to file a lawsuit.
Third, the statute has exceptions that allow a court to extend your time to file. But you cannot count on those exceptions. It’s best to act promptly, so your lawyer can file well before the statute expires if the settlement talks fail.
5. Assuming You Have No Claim
Many people make the mistake of assuming they have no claim after an accident. Fortunately, most lawyers offer free consultations to new clients, which can help you determine whether you have a claim worth pursuing.
These consultations happen without any charge or obligation to hire the lawyer. You do not even need to tell the lawyer if you end up hiring someone else.
During this conversation, the lawyer will listen to your story about your crash and the injuries it caused. They can analyze the strength of your case and outline your options. If you do not have a legal basis for an injury claim, the lawyer has an ethical duty to tell you. Until you have this conversation, you should keep an open mind about filing a claim.
Talk to a Seasoned Car Accident Lawyer Now
Mistakes after a car accident can threaten your injury claim. The experienced team at the Hill Firm can help you protect your claim at every step, working to ensure you receive the maximum compensation you are entitled to. Contact us for a free consultation to discuss your accident today.