Mistakes to Avoid After a Car Accident in Long Island

There are many mistakes that an individual should avoid after being involved in a car accident in Long Island. The most common of which includes talking to insurance companies, giving statements, not going to the hospital if the person is hurt at the scene, and going back to work immediately if the person is hurt.

To help avoid any of these mistakes, you should consult with a knowledgeable Long Island car accident attorney immediately after being involved in an accident. An attorney can provide the legal guidance to help you recover successfully after a Long Island car accident.

Admitting Fault at the Scene

In New York, when a person admits fault, they are making a statement. That statement can then later be used against the person at trial. It is called an admission against interests. If there is a police report and on the police report, one of the two drivers says that they had made a mistake, that statement could be admitted and brought into evidence.

A statement such as that would have a strong impact on a jury.  If someone admits that they are at fault and that admission is made at the scene of the accident, it can be very hurtful to somebody’s case. To best avoid this common mistake after a Long Island car accident, an individual should hire an attorney immediately.

Refusing Immediate Medical Treatment

One of the first questions an attorney will ask a client is if they went to the hospital from the scene of the accident. One of the factors that a person would consider as a juror is if the person went to the hospital.

The police will almost always ask a person at the scene of the accident if they need medical attention. When jurors and insurance companies are evaluating a case, whether a person goes straight to the hospital for medical care after an accident or declines, sends an important message to those evaluating the case.

Some people will refuse medical attention due to concern for the financial aspect of going to the hospital, and that is usually taken into consideration. However, it makes the case much stronger when the injured person goes from the scene of the accident to the hospital because it starts to paint the picture that the person was legitimately and possibly seriously hurt from the moment the accident occurred. It is important that an individual avoids this common mistake following their car accident in Long Island.

Not Following a Doctor’s Orders

Many cases on Long Island and in New York are cases that are based on soft tissue injuries. Soft tissue injuries are injuries that are not broken bones or fractures, but are just pain that people are having in various parts of their body, whether it is their neck, their shoulder, or their knee.

In order to convince an insurance company or jury that the person is legitimately hurt, to pay a settlement, the person has to convince people that they have a serious injury. If the person does not, then there may not be a case, but if the person does, they have to do certain things to make their case. Part of making the case is continuing to see the doctor with those things that the person is continuing to complain about. The person cannot stop after two months and claim that they are just going to live with the pain.

That does not work in the world of litigation. A person must continue with treatment and must comply with their doctor’s orders or else it will severely impact the case. This is a crucial mistake that an individual should avoid after their Long Island car accident that can severely impact their case.

Giving Statements to the Other Driver’s Insurance

One danger in giving a recorded statement to the other driver’s insurance is that the statement that a person gives will be admitted into court before a jury. Depending on what the individual says, this could be devastating. The statement may not even be about admitting fault, but about how the person is feeling. This is a danger because, at the moment that the person is giving the statement, they may possibly feel fine at the moment when in reality, they are suffering from injuries that have just not manifested yet.

In this situation, for example, a person could go through three surgeries over a three year period and the defense attorney can claim that the injuries did not come from the accident. If the person gave a statement early on that they were feeling fine, the attorney can claim that these injuries were not a result of the individual’s Long Island car accident.

Seeking Medical Care

It is understandable that people have to continue with their lives and they have obligations, work obligations, family obligations, and financial obligations.  It is not always easy for a person to set aside time for the next two or three years to seek medical attention. Most attorneys understand and will therefore have a discussion regarding the importance of on-going and consistent medical attention for the injuries.

When children are injured, some parents are generally not going to get medical treatment consistently because it is not that easy. For young people, getting treatment is not something they prioritize, so an attorney may think before taking a case with somebody in that age range will not get treatment.

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Goldstein & Bashner

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1778 Hempstead Turnpike East Meadow, New York, NY 11554 (516) 874-7303
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