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Avoiding Common Mistakes: Pitfalls To Avoid That Could Jeopardize Your Settlement

Strategic Steps To Strengthen Your Case & Secure Adequate Compensation After An Accident

If you have been in a Las Vegas car accident or any other type of accident, you know how the adrenaline can coarse through your body, causing you to forget important things that are required for an insurance claim. A Las Vegas personal injury lawyer can ensure that you take the adequate steps so that your accident claim is not impacted.

After an accident, the following common mistakes can jeopardize an insurance settlement. Avoiding these mistakes can help protect your rights and ensure you receive a fair insurance settlement after an accident.

Why Not Calling The Police Can Hurt Your Accident Claim

Lawyer discussing settlement details with a client in an office Not calling the police after an accident can significantly impact your ability to prove the facts of the case and complicate the insurance claims process. A police report serves as an impartial record that includes essential details such as:

  • Time
  • Location
  • Parties involved
  • Witness statements
  • The officer’s observations.

Without this documentation, it becomes much harder to establish a clear and credible account of what happened, which can lead to delays, increased scrutiny, or even denial of your insurance claim. Without this documentation, it becomes much harder to establish a clear and credible account of what happened, leading to delays, increased scrutiny, or even denial of your insurance claim

Calling the police ensures that a neutral third party documents the accident scene and collects evidence, protecting your interests by providing a clear and unbiased record that can be invaluable in your insurance claim.

How Admitting Fault Can Reduce Your Settlement Chances

A Las Vegas car accident lawyer will tell you that admitting fault after an accident can reduce your chances of receiving a fair settlement from insurance companies. When you admit fault, even partially, it can be used by the other party’s insurance company to minimize or deny your claim. Insurance adjusters are trained to leverage any statements that suggest liability to reduce their payout.

Determining fault is the responsibility of insurance companies and, if necessary, the legal system. Admitting fault immediately can overlook important contributing factors such as road conditions, mechanical issues, or the other driver’s behavior. Here’s what you should do when in an accident:

  • Check for injuries
  • Stay calm
  • Move to safety
  • Call the police
  • Exchange information
  • Document the scene
  • Limit conversations
  • Provide facts, not opinions

The Importance Of Seeking Medical Attention Immediately After An Accident

Immediately after an accident, adrenaline can mask pain and symptoms of injuries, leading you to believe you are unhurt. However, some injuries, such as whiplash, concussions, or internal injuries, may not manifest until hours or days later.

Not seeking medical attention can undermine your claim. Insurance companies may argue that your injuries are not severe or were not caused by the accident if there is no prompt medical documentation. This can result in reduced compensation or even denial of your claim. Medical records serve as critical evidence linking your injuries directly to the accident, helping your Las Vegas personal injury lawyer substantiate your case and ensuring that you receive appropriate compensation.

Failing To Gather Evidence Can Weaken Your Insurance Claim

Failing to gather evidence after an accident can severely impact your ability to file a successful insurance claim and protect your rights. Without proper evidence, it becomes challenging to prove the specifics of the accident, such as who was at fault and the extent of the damage.

Evidence collected at the scene is often the most reliable and can provide a clear picture of what happened. Collect the following:

  • Photos & Videos: Capture images of the accident, scene, vehicle damages, road conditions, traffic signs, and any visible injuries.
  • Witness Statements: Collect contact information and statements from any witnesses who saw the accident.
  • Police Report: Ensure that a police report is filed, as it serves as an official and impartial record of the incident.
  • Driver Information: Exchange names, addresses, phone numbers, driver’s license numbers, and insurance details with all parties involved.
  • Diagram Of The Scene: Sketch the accident scene, noting the positions of the vehicles and any relevant traffic signs or signals.

Infographic that explains how Failing To Gather Evidence Can Weaken Your Insurance Claim

Why You Should Avoid Quick Settlement Offers From Insurance Companies

Lawyer reviewing settlement documents with a client at Benson & Bingham

Insurance companies often make initial settlement offers soon after an accident, sometimes before the full extent of the injuries and damages are known. Do not accept any quick settlement offers, even if the company is pressuring you and contact a Las Vegas car accident lawyer right away.

Accepting a quick settlement offer can lead to several disadvantages:

  • Underestimation Of Damages: Early settlement offers typically aim to minimize costs for the insurance company. They may not fully account for all medical expenses, property damage, lost wages, or ongoing rehabilitation costs.
  • Waiver Of Future Claims: By accepting a settlement, you often waive your rights to pursue further compensation for the same accident, even if unforeseen issues arise later.
  • Understanding Your Injuries: Some injuries may worsen over time or lead to chronic conditions that require ongoing medical care. Without adequate compensation, you may end up shouldering these expenses yourself.

Consult with a qualified Las Vegas personal injury lawyer who can help evaluate the fairness of any settlement offers, negotiate on your behalf, and ensure that you receive compensation that accurately reflects the losses and hardships you’ve endured due to the accident.

Let Our Trusted Las Vegas Car Accident Lawyers Negotiate On Your Behalf For a Fair Settlement

At Benson & Bingham, we understand the complexities of personal injury law and the tactics insurance companies use to minimize payouts. By leveraging our experience and expertise, our Las Vegas Injury Lawyers will ensure that your case is thoroughly evaluated, all damages are accurately assessed, and your rights are protected throughout the negotiation process.

Contact us today to achieve a settlement that reflects the full extent of your injuries, damages, and financial losses.

Read About Our Other Secret Top Tips To Maximize Your Compensation

1. Understanding the Insurance Process: Navigating insurance claims and negotiations effectively.
2. Gathering Crucial Evidence: Tips for collecting and preserving evidence to strengthen your case.
3. Documenting Your Injuries: Importance of thorough medical documentation for maximizing compensation.
4. Negotiating with Insurance Adjusters: Techniques for achieving a favorable settlement offer.
5. Understanding Settlement Offers: Evaluating offers and knowing when to accept or negotiate further.
6. Considering Future Damages: Anticipating long-term medical expenses and future losses.
7. Avoiding Common Mistakes: Pitfalls to avoid that could jeopardize your settlement.


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Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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