What Not to Do After a Personal Injury in Texas
Suffering a personal injury can be overwhelming, but your actions after the accident can significantly impact the outcome of your case. To protect your rights and ensure the best possible results, it’s crucial to avoid the following mistakes:
1. Don’t Delay Seeking Medical Attention
After an accident, seek medical care immediately, even if you feel fine. Some injuries may not show symptoms right away, and failing to get checked could weaken your case. Texas law requires you to demonstrate that you were actually injured to recover damages, and medical records are essential evidence.
2. Don’t Admit Fault
Texas follows a comparative negligence rule, meaning even partial fault in an accident can reduce your compensation. Avoid apologizing or making statements like “I didn’t see you” or “It’s my fault,” as these remarks could be interpreted as an admission of liability and harm your case.
3. Don’t Sign Anything Without Legal Advice
Insurance companies may offer quick settlements, but these offers often don’t fully compensate for medical expenses, lost wages, and future damages. Never sign a release or settlement agreement without consulting an experienced personal injury attorney. Once signed, you may waive your right to seek further compensation.
4. Don’t Post About Your Accident on Social Media
Insurance companies and opposing counsel often monitor social media for posts that could undermine your case. Even seemingly innocent posts or pictures can be used to argue that your injuries aren’t as severe as you claim. Avoid posting anything related to the accident until your case is resolved.
5. Don’t Forget to Document Everything
Documenting details, from the scene of the accident to your recovery process, is critical. Failing to gather evidence—such as photos of the scene, witness statements, and police reports—can weaken your case. Keep a journal of your pain and recovery; this information can be valuable during negotiations or at trial.
6. Don’t Delay Filing Your Claim
Texas has strict deadlines (statute of limitations) for filing personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. Delaying could result in losing your right to pursue compensation.
7. Don’t Handle the Case Alone
Personal injury claims can be complex, especially when dealing with insurance companies or large corporations. Without an experienced attorney, you risk missing deadlines, making costly mistakes, or receiving less compensation than you deserve. Legal representation ensures you get the full compensation you’re entitled to.
8. Don’t Settle Too Quickly
Insurance companies may pressure you to settle quickly, often offering less than you deserve. Don’t rush into a settlement, especially if you haven’t fully understood the extent of your injuries or damages. Take the time to assess your full range of damages before agreeing to any offer.
9. Don’t Discuss Your Case with Others
While it may be tempting to talk to friends or family about your accident, keep details of your case confidential. Anything you share could potentially be used against you by the opposing party. Discuss your case only with your attorney and the professionals involved in your claim.
10. Don’t Ignore the Impact of Pre-existing Conditions
If you have pre-existing injuries or conditions, be upfront with your attorney and medical provider. Concealing this information could damage your credibility and hurt your chances of receiving compensation. However, Texas law allows for compensation if your pre-existing condition was aggravated by the accident.
Conclusion
Personal injury cases in Texas require careful attention to detail. Avoiding these common mistakes can help you protect your legal rights, maximize your compensation, and secure your future. Always consult with a skilled personal injury attorney to guide you through the complexities of your case.