Posted on January 21, 2018 

injury caseIf you have received injuries in an auto accident, you must be able to show four things: that a defendant owed you a duty of care, that a defendant breached their duty of care, the defendant’s actions caused injuries, and that there is some way you can be compensated for your injury. Arizona negligence cases follow a doctrine known as comparative negligence, which means that damages are calculated based on every party that was involved in the accident.

For instance, if you have contributed to your own accident, you may not be able to receive all the damages you once thought you were entitled to. This means that, if you were injured by fault of another party, but you were also acting negligently at the time of the accident, your damages may be reduced by a certain percentage. Of course, there are many other ways you may be inadvertently affecting your case in a negative way, which we will discuss today.

How You Might Accidentally be Reducing Your Claim

Statement to Insurance Adjuster: Sometimes, talking to insurance adjusters can actually hurt your claim. An adjuster may seem like a trustworthy person who has your best interests in mind, but unfortunately this is not always the case. Your statements is usually only for their benefit because they want to use a statement against you in any way possible. Your lawyer would not want you to give up any of this information without their help. You want to think about this before you give that statement. 

Failing to Receive Treatment: After you have received injuries in a car accident, the first thing you should do is maintain good health and see a doctor. Anything can be missed when you don’t see a doctor. Insurance companies will look at your delay to receive treatment and take this into position, saying that your injuries weren’t very serious if you didn’t seek treatment. Speak to your doctor as soon as you can to make the most out of your case and protect your health at the same time. 

Missing Appointments: So let’s say that you were told to receive specific treatment after your accident. If records show that you have been missing or cancelling appointments, this can affect your case because once again, they will believe that your injuries were not very serious. 

Failure to Disclose: You should always disclose certain information to your attorney, such as prior injury claims and similar injuries that you may have sustained in the past. The adjuster will know about your injuries so you should always be honest with your attorney as well.

At the Accident Law Group, we can help you get the most out of your accident case and compensate for your serious injuries. If you have been injured in a car accident, we want to speak with you. Call us today at 602-262-4254.

Sources

https://dictionary.law.com/Default.aspx?selected=256