What Not to Do After Being Involved in a Catastrophic Accident
Catastrophic accidents—whether from a slip and fall, a car crash, or any other personal injury incident—can turn your life upside down in an instant. These accidents often result in severe injuries that require extensive medical care, rehabilitation, and may permanently impact your ability to work or enjoy life as you once did. While focusing on your physical recovery is important, it’s equally important to avoid common mistakes that could jeopardize your legal case and prevent you from receiving the compensation you deserve.
There’s a lot of information on what to do if you’ve been catastrophically injured, but not much on what you should avoid. This is what you should try to avoid doing if you or a loved one has been catastrophically injured.
What is a Catastrophic Injury?
Catastrophic injuries are defined as those that have a profound and lasting impact on a person’s life. These generally result in multi-system trauma and can include injuries like:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Severe Burns
- Amputations
- Multiple Fractures
What You Should Not to Do After Suffering a Catastrophic Injury
If you or a loved one have experienced a catastrophic injury, it’s natural to feel overwhelmed and uncertain about what steps to take next. It’s also normal to have a lot of emotions, but remember that these can cloud your judgment. Knowing what not to do can be just as important as knowing what to do. The following actions can significantly harm your case and your ability to receive fair compensation.
Don’t Talk to Reporters or the Press
If your accident gains public attention, you may be approached by reporters or other members of the media. It’s important to avoid discussing the details of your accident, injuries, or potential legal claims with them, unless you are with your personal injury attorney. Anything you say can be used against you later, and media statements are often taken out of context, potentially weakening your case. If you’re contacted by the press, politely decline to comment and refer them to your attorney.
Don’t Contact or Confront Potentially Liable Parties
It’s understandable to feel anger or frustration toward those who may have caused your injuries, but directly confronting them can backfire. Confrontations can escalate emotions and lead to actions or statements that could be used against you. Even contacting liable parties to discuss the accident is ill-advised, as it can create misunderstandings or be misconstrued as an admission of fault. Let your attorney handle all communications with the other parties involved.
Don’t Apologize or Admit Any Fault
In the aftermath of an accident, it’s natural to express concern or empathy for those involved. However, even saying something as simple as “I’m sorry,” can be interpreted as an admission of fault, which could seriously damage your legal claim. It’s important to avoid making any statements that could be seen as accepting responsibility for the accident. Instead, focus on gathering information and let your attorney determine the appropriate legal strategy.
Don’t Fail to See a Doctor
One of the biggest mistakes you can make is failing to seek immediate medical attention. Even if you don’t feel seriously injured, some injuries—like traumatic brain injuries or internal bleeding—may not show symptoms right away. Additionally, delaying medical treatment can be used against you by insurance companies or defense attorneys, who might argue that your injuries weren’t severe or weren’t caused by the accident. An initial medical evaluation not only protects your health but also provides essential documentation for your case.
Don’t Post on Social Media
It’s common for people to share their experiences on social media, but after a catastrophic accident, it’s best to avoid posting anything about the incident or your injuries. Insurance companies and defense attorneys often monitor social media accounts for evidence that can undermine your claim. Even seemingly innocent posts can be misinterpreted or taken out of context to suggest that your injuries are not as serious as you claim.
Don’t Accept a Quick Settlement Offer
Insurance companies often try to settle catastrophic injury claims quickly, offering compensation that is far less than what you may be entitled to. Accepting a quick settlement may leave you without the funds you need for ongoing medical care, rehabilitation, or lost income. Before accepting any offer, consult with a personal injury attorney who can evaluate the full extent of your damages and negotiate a fair settlement on your behalf.
There are many ways you can be compensated after a catastrophic injury, and you could be entitled to far more than an insurance company or liable party is willing to initially pay. Some of the many things you can be compensated for include:
- Medical Expenses
- Lost Wages and Loss of Earning Capacity
- Pain and Suffering
- Disability and Disfigurement
- Loss of Consortium
Don’t Forget About the Statute of Limitations for Personal Injury Cases in New Jersey
In New Jersey, the statute of limitations for personal injury cases is typically two years from the date of the accident. This means that you have two years to file a lawsuit against the liable parties. Failing to file within this timeframe can result in your case being dismissed, leaving you unable to recover compensation. However, there are exceptions to this rule, such as cases involving minors or cases where the injury was not discovered until later. Consulting with a personal injury attorney as soon as possible ensures that you meet all deadlines and protects your right to pursue legal action.
Get a Personal Injury Attorney Today
Catastrophic injuries can have life-altering consequences. The steps you take—or avoid taking—after the accident can significantly impact your ability to secure compensation. By being mindful of the actions that could harm your case and working with an experienced personal injury attorney, you can focus on your recovery while protecting your legal rights. If you or a loved one has suffered a catastrophic injury, don’t hesitate to reach out to Eichen Crutchlow Zaslow today. We’re here to provide the guidance, support, and advocacy you need during this challenging time. Get in touch with us today for a free case evaluation.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
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