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During coronavirus lockdowns, bad habits such as speeding, driving while under the influence of a substance, and not wearing a seat belt continued.
As a result, the number of car crash fatalities increased significantly in 2020, even though the number of vehicle miles traveled plummeted. Based on the preliminary figures, it looks like the 2021 statistics are even worse.
These victims are entitled to substantial compensation.
However, many car crash victims unintentionally say things that damage their legal claims. Words are impossible to take back, and screenshots of social media posts can also harm a case.
These verbal missteps are very common. Many car crash victims sustain head injuries and therefore may not be thinking clearly. Improper statements underscore the need for an aggressive New York personal injury attorney.
Maximum compensation is still available in these cases, but victims must play from behind.
I’m Sorry
Typically, apologies express sympathy.
We typically say “I’m sorry” if a friend or family member is ill or injured, even though we probably had nothing to do with the cause of that illness or injury.
But in a court of law, an insurance company attorney could twist an apology into an admission of liability. That’s usually why doctors never apologize after they make medical mistakes.
So, instead of saying I’m sorry, try to say, “I’m sorry this happened.” Or, better yet, don’t say anything.
On a related note, do not say anything to the other driver’s insurance company. You have no obligation to furnish a statement at that time. Insurance adjusters eventually need to hear your side of the story.
But your New York personal injury attorney can make this call later.
On another related note, be careful about what you post on social media accounts.
Obviously, family and friends want to know your medical status and other information concerning your wellbeing. But do not go into any details about the accident.
By the time you post something on Twitter, Instagram, or Facebook, the insurance company probably already has a gaggle of lawyers working on the case.
As mentioned, these skilled attorneys know how to twist your words and create statements you did not intend to make.
I’m Fine
This statement to avoid could be verbal or non-verbal. Many victims say they are fine because they do not want to place undue burdens on emergency responders or they don’t want to incur additional medical bills.
But an emergency responder’s job is to take care of injured victims.
False statements about your medical conditions, such as saying “I’m fine” when you are not fine, make it more difficult for them to do their jobs.
As for medical bills, a New York personal injury attorney usually sends letters of protection to medical providers.
Therefore, the providers usually delay billing, or at least delay collection, until the personal injury case is resolved.
“I’m fine” could also be a non-verbal statement.
A stunning number of victims refuse treatment at the scene, mostly for the reasons mentioned above. This refusal could have medical and legal consequences.
Medically, adrenaline usually masks pain, at least temporarily.
Once the adrenaline wears off and the pain takes effect, car crash injuries, like head injuries, are usually much more difficult, and much more expensive, to treat.
Additionally, treatment refusal usually has legal consequences. Insurance company lawyers often claim, based on this refusal, that the victim must not have been hurt very badly and subsequent medical expenses are unnecessary.
That stance could make it difficult to obtain fair compensation for latent injuries.
It Wasn’t My Fault/It Was Your Fault
No one can determine who was legally responsible for a wreck in the immediate wake of a crash. Only some of the evidence is available. Additionally, legal doctrines, like comparative fault, could come into play.
Moreover, an accident scene is not the time or place to discuss these things.
As mentioned, many victims have head injuries and are not thinking clearly.
Additionally, emergency responders must secure the scene. They are usually quite impatient with unruly victims.
Car accident victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in New York, contact Napoli Shkolnik PLLC. We do not charge upfront legal fees and only recover a fee when we win your case.