Personal injury cases rely on strong evidence to establish liability, prove causation, and support the claim for damages. Unfortunately, some victims make costly mistakes regarding evidence, impacting the compensation recovered. Sometimes, mistakes prevent injured parties from moving forward with the claim.

Educating yourself on these mistakes is a critical first step in having a successful personal injury claim. Go over the mistakes and learn why they are costly. 

Failing to Gather Evidence at the Accident Scene 

Maintaining a clear head is challenging when involved in an accident, especially if you’re injured. Stress, emotions, and pain take over, so gathering evidence might be the furthest thing from your mind. However, evidence from the accident scene plays a vital role in establishing liability. It also helps experts reconstruct the accident.  

Take photos and videos of the scene, exchange information with at-fault parties, and get witness statements. Have someone else do this for you if you’re seriously injured. 

Not Seeking Medical Treatment

Stress and adrenaline can mask some injuries, so you might not immediately realize you’re hurt. Additionally, symptoms of severe conditions such as organ damage and traumatic brain injuries can take time to manifest. Thus, you could have a serious medical condition and not realize it for days or weeks. 

Visit a medical provider on the day of your accident, if possible. Then, your doctor can evaluate you to check for serious trauma, and you can use the medical records as evidence. 

If you don’t get immediate treatment, the insurance company can argue that you weren’t hurt in the accident. You could be accused of malingering or trying to recover damages for a pre-existing injury. 

Relying on Memories

You might think that the circumstances of the accident are burned into your brain, and you’ll never forget a single detail. In reality, memories aren’t reliable and can be manipulated, meaning the information you recall could be false or inaccurate. 

Instead of relying on your memories, write down a detailed account of what occurred as soon as possible. Your lawyer will use this as evidence when building and proving your personal injury case. 

Ignoring Emotional Symptoms 

Attorneys often pursue compensation for pain, suffering, and emotional distress when filing personal injury claims in Las Vegas. Use a journal to track all your emotional, psychological, and physical symptoms. Write everything down, even if you don’t think it’s relevant to the case. That way, your lawyer will understand the complete picture when creating your personal injury claim. 

Not Following Medical Advice 

Your medical treatment records will be used as evidence. If you fail to follow the doctor’s advice, the insurance company may argue that your injury isn’t nearly as serious as you claim. 

On the other hand, following medical advice proves that you are working hard to overcome your injury. This can help your attorney build a strong case against the at-fault party. 

Misrepresenting the Injury

Most people are honest and upfront regarding their injuries and symptoms. Still, some people exaggerate the severity of symptoms and the injury’s impact on their lives. They do this to get more compensation, but it rarely works. Insurance companies search for signs of malingering and deny these claims.

Be fully transparent when discussing your injury and symptoms with your medical team and attorneys. Otherwise, your medical records and other evidence might not support your claim.  

Admitting Fault to the Police 

While not part of all personal injury cases, police reports provide vital evidence for auto accident claims. The insurance company will review the police report before approving or denying your claim. 

You’ll damage your case if you claim responsibility when speaking to the police. This is true, even if the evidence proves you were not at fault for the accident. It’s hard to walk back an admission of fault, so let an attorney investigate the accident before you admit anything. 

Failing to Preserve Evidence

Unfortunately, far too many victims misplace evidence that supports their personal injury claims. You must preserve all evidence, including photographs, videos, and witness statements. You can hand this task over to an attorney if you don’t want to be in charge of preserving the evidence for the personal injury claim. 

Giving a Statement to the Insurance Company

The at-fault party’s insurance company will likely contact you after you report an injury. Insurance agents and adjusters are often warm and friendly, so it’s easy to let your guard down and make statements that can be used against you. Adjusters and agents also manipulate responses to use as evidence.

Don’t speak to the insurance company on your own. Your attorney can handle all communications for you to ensure the insurance company can’t use your own words against you. 

Posting on Social Media

This might be surprising, but insurance companies use social media to gather evidence when investigating personal injury claims. They hope to find a photo or post that contradicts the claim or at least creates some doubt about the injury. 

Since your posts can be used as evidence, stay off social media while pursuing your claim. Also, let your family and friends know you’re taking a social media break. Ask them to avoid tagging you in photos or status updates until your case concludes. 

Not Obtaining Surveillance Videos

Many public and private spaces in Las Vegas have surveillance video technology. Thus, there might be video evidence of the accident, and failure to collect it could weaken your case. You have to act quickly since companies and individuals often delete videos.   

Your attorney can help you request the video to use as evidence. After obtaining the video, your lawyer can add it to the evidence that proves your claim. 

Get Help Building a Personal Injury Case 

Fast action is the key to collecting and preserving evidence. Some evidence can disappear within days or weeks, creating challenges when building your case. A personal injury lawyer can devote resources to collecting and preserving evidence to prove fault and help you collect damages. Contact an attorney as soon as possible to begin the process.