March 14, 2018 | Car Accidents
Indiana law typically entitles auto accident victims to compensation when the negligence of others results in injuries.
They can receive compensation for both economic and non-economic losses. Car accident victims, for example, may recover compensation for medical expenses, property damage, lost quality of life, and physical and emotional pain and suffering, among others.
While Indiana law may legally entitle injured car accident victims to compensation, they must still take certain steps to obtain it. In addition, they must avoid a few things along the way that can reduce the amount they ultimately receive. The following details three of the most common pitfalls.
Many people today share pictures and status updates on social media without giving them a second thought. As a car accident victim, however, keep in mind that the at-fault driver’s insurance company can use the things you post on social media as evidence against you. For example, if you suffer from debilitating neck pain that prevents you from working, but you post pictures of yourself out with friends, an insurance company could potentially use your posts as evidence that you are not as injured as you claim—even if the medical record supports your position.
Another way in which car accident victims can hurt their financial recovery is by failing to follow doctor recommendations for follow-up care. When an injury victim ignores a doctor’s orders, insurance companies can make the argument that a victim’s injuries are not as serious as claimed—and reduce their settlement offers accordingly. As a result, if your doctor prescribes pain medication or refers you to physical therapy, for example, comply with your doctor’s orders even if you think that you can deal with the pain or believe that your injuries will heal on their own.
Insurance companies often pressure car accident victims to provide recorded statements and may even imply that doing so is in their best interests. Understand, however, that you are under no legal obligation to provide a recorded statement and that doing so is much more likely to hurt your case than help it. Insurance companies request recorded statements hoping that victims will say something that indicates that they were partially (or even fully) responsible for the accident in which they were involved, allowing them to reduce the amount they pay out. For this reason, if a car accident injures you, politely decline to provide a recorded statement and inform the insurance company that you plan to retain legal representation.
Indianapolis personal injury lawyer Merry Fountain is a skilled injury advocate. If you are looking for an injury law attorney to represent you in your car accident case in the greater Indy area—Indianapolis, Carmel, Fishers, Westfield, Zionsville, Brownsburg, Avon, Kokomo, Lebanon—she’s here to help! Call her anytime at 1-888-242-HURT (4878), or simply click Tell Us About Your Case for a free consultation.