Mistakes in a Houma Car Accident Case

The last thing on most people’s mind is knowing what legal options they may have after a car accident. If you have suffered injuries in a car wreck, you should pursue justice and get the compensation you need. And in order to get the proper reparation, it is important to know what the mistakes in a Houma car accident case are and how to avoid them. Call today to let an experienced attorney help you get the recovery you need.

Admitting Fault

One very common example of common mistakes in a Houma car accident case is for the injured party to admit fault in any way because it can negatively impact their chances for compensation.

Under the rules of evidence in Louisiana, if someone admits they are at fault at the scene of an accident, it is considered an admission against interest. If someone admits they are at fault, and they are 100 percent at fault, they do not get any recovery under Louisiana Negligence and Damage Law. If the individual admits they are somewhat at fault then this admission can reduce their recovery.

Avoiding Immediate Medical Treatment

Right after a car accident people’s adrenaline is pumping so they may not feel as if they are as injured as they actually are. However, it is important that someone does not refuse medical treatment because that information can be used against them at a later date. The insurance company’s lawyer can make a point by taking that fact out of context in order to show that the person could not have been seriously injured because they refused treatment.

If someone is truly injured, and they have any plans of making a claim for damages, they are required by law to document their injury. Medical treatment is a smart way to prove that someone was injured in a motor vehicle crash. Without expert and medical testimony it is difficult to prove an injury. By refusing treatment it seems that the person is not interested in proving an injury. This is one of many common mistakes in a Houma car accident case.

Not Follow the Doctor’s Orders

If someone is injured through the negligence or fault of another, they have a duty to mitigate their damages by following any medical instructions they receive. If the injured party does not follow their medical directions, the defendant has the right to claim that the injured party failed to mitigate their damages and that had they done so, they would have gotten better sooner.

This is a common strategy that the defense will try to present to the jury in order to minimize the damage award. Juries in Louisiana often are not quick to forgive a person who did not comply with their doctor’s instructions. By speaking with an attorney, a person can avoid making these common mistakes in a Houma car accident case.

Other Common Mistakes

Another example of common mistakes in a Houma car accident case is that people involved in car wrecks may feel sorry for the party at fault and refuse to have a police officer come to the scene and investigate. A police investigation is an official documentation of the parties on the scene. The investigating officer will take the names, insurance companies, and vehicle information of both parties and will get both parties to tell them what happened. That statement to the police officer as to what happened to the party at fault can be used against them as an admission.

If someone is clearly at fault, they will probably get a traffic ticket, which is further documentation of fault. Also, the police officer will put on their police report who is at fault and why. Other common mistakes include making a statement to an adverse insurance company or failing to take photographs of the positions of the vehicles. Call an experienced lawyer today for more information regarding car accidents and how you can get compensation for your injuries.