Often I am asked what is the biggest mistake that personal injury victims can make. I discuss the most common mistakes that I see representing personal injury victims in my book, “The Ten Biggest Mistakes That Can Wreck Your Washington Accident Case.” But which one of these mistakes is the biggest? Or the most common?
To answer these questions, I usually talk about how accident victims are wholly unprepared for the insurance company claims process. In fact, I’ve described it as “entering into a war zone.” This is because the insurance company, and its high-paid lawyers and doctors, go to extraordinary lengths to defend, delay and deny legitimate personal injury claims. When I say legitimate, I’m talking about claims where there is no dispute that another person caused injury to another person according to the treating healthcare providers. In automobile injury cases, it may be a rear-end accident where the person suffers ongoing neck and back pain. Yet, many times the insurance company takes the position that no injury occurred, or if one did, it should have resolved within a few months.
The phrase “war zone” is what I use to describe how everything a personal injury victim does and say will be heavily scrutinized by the insurance company and its lawyers. The truth does not matter. Let me say that again because it is incredibly important and surprising to many: THE TRUTH DOES NOT MATTER.
All that matters to the insurance company is if there is any fact or circumstance where an argument can be made to defeat or substantially minimize the claim. Even innocent statements by the victim to his or her doctor can be attacked by the insurance company and exploited or taken out of context to support the carrier’s defense. Initial statements at the scene like “I’m OK,” or “I feel fine” are often used by the insurance company doctors to suggest that the injured person is lying about an injury or exaggerating symptoms purely for financial gain. Statements to the doctor that the accident “was minor,” or “not that bad” or “just a fender bender” are often used to the carrier’s advantage.
What is a personal injury victim to do? Well, for starters, you need to become aware of how adversarial the process is. This doesn’t mean you will get into fights or arguments with the adjustor. In fact, usually the other person’s insurance company representative appears incredibly helpful, nice, accommodating, and friendly. Most people don’t realize how adversarial the process is until many months or even years later when it comes time to try and settle the claim.
You need to realize that the type of treatment you receive, the frequency of treatment, and statements you make to your healthcare providers can all be used against you. You’d be surprised at some of the positions taken by insurance company doctors in an effort to help deny the severity or existence of the injury so the carrier can pay less money out to settle the claim. For instance, often times the insurance company physician will rely on old injuries or back pain 10 years ago to suggest that the current symptoms or problems are due to a pre-existing condition and not the accident that is the subject of the lawsuit.
Does every personal injury claim need a lawyer? Absolutely not. In fact, that is one reason why I wrote my book. So those people who decide not to hire a lawyer will at least have some information to help them during the claims process. Most reputable personal injury lawyers will tell you whether a claim is too small to justify the expense of a lawyer. I usually say this to a handful of people every month and advise them to settle the case on their own because they are likely to receive more money in their pocket than if they were to use a lawyer.
Yet when the injuries appear serious, or when the medical treatment charges rack up, then more is at stake for the personal injury victim. I tell injured victims that when more is at stake, you may be better off hiring a lawyer to represent you. If more is at stake and you decide to represent yourself, you take the chance that you will make a mistake during the claims process which could cost you a lot of money and headache. When the injuries are serious and potentially permanent or long-lasting, then I’ve found that most people don’t want to take chances. They usually want to make sure that they achieve the best possible result in their claim, whether that means a good settlement or a good jury verdict. In those cases I recommend that a person hire an experienced, trustworthy and reputable personal injury for guidance.
Chris Davis gives excellent advice with this post. In my own practice, I have seen the insurance company’s lawyer try to deny the existence of a legitimate injury based on a single unfortunate comment by the injured victim, taken out of context.
Accident victims will do much better with their claims if they follow the advice in Chris Davis’ book, even if they do not hire a lawyer.