Categories Personal Injury

Accepting the First Settlement Offer and Other Mistakes an Accident Victim Makes

Wilmington, NC, is a vibrant port city in the southeastern United States, nestled between the Atlantic Ocean and the Cape Fear River in New Hanover County. Known for its historic charm and bustling waterways, Wilmington is also where accidents on the road, at work, or in public spaces can disrupt lives.

When accidents occur, victims often face pressure to resolve their claims quickly, but making hasty decisions can lead to costly mistakes. Let’s look at some common errors accident victims in Wilmington should avoid.

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Accepting the First Settlement Offer

Insurers often aim to minimize payouts, and their initial offer may not fully cover medical expenses, lost wages, or long-term damages. Settling too soon can strain victims financially. Before accepting any offer, contact a legal practitioner to determine the actual value of your claim. 

Failing to Document the Accident

Accurate documentation is crucial for any personal injury claim. Victims often fail to collect essential evidence like photos, witness statements, or police reports. Missing documentation can weaken your case. The top law firms, like Shipman & Wright, personal injury lawyers in Wilmington, NC, understand the importance of strong evidence in proving liability. Without proper documentation, establishing fault becomes significantly more challenging, making legal representation essential for protecting your rights.

Delaying Medical Treatment

After an accident, some victims delay seeking medical attention, either because they feel okay or want to avoid medical bills. Injuries like whiplash or internal trauma may not show symptoms immediately. In Wilmington, where hospitals like New Hanover Regional Medical Center are readily accessible, delaying treatment can harm your health and undermine your claim. Insurance companies may argue that your injuries were not serious or were not caused by the accident. 

Providing Recorded Statements Without Legal Advice

Insurance adjusters often request recorded statements shortly after an accident. While these statements may appear benign, they might be utilized to undermine or deny your claim. Saying “I’m fine” out of politeness could be misinterpreted as an admission that you weren’t injured. In Wilmington, where local insurers are familiar with state laws, it’s wise to consult an attorney before providing any statements.

Ignoring North Carolina’s Contributory Negligence Rule

North Carolina has a strong contributory negligence law, which means that if you are found to be even 1% at fault for the accident, you may be banned from receiving compensation. This rule makes building a strong case that establishes the other party’s liability essential. Accident victims in Wilmington must be cautious when discussing fault, as even a casual admission of partial responsibility can jeopardize their claim.

Waiting Too Long to File a Claim

Limitations for personal injury claims typically run three years from the date of the incident. While this seems like a lot of time, compiling evidence, negotiating with insurers, and preparing for a lawsuit can take months. Waiting too long to file can mean losing your entitlement to compensation. Wilmington citizens should act quickly to defend their legal rights.

Final Thoughts

Accidents can be daunting, but avoiding five common mistakes can significantly improve the result of your claim. Whether dealing with a car crash on Oleander Drive or a slip-and-fall at a local business, taking the proper steps, like consulting a legal professional and thoroughly documenting your case, can help ensure you receive fair compensation. In a city like Wilmington, where life moves at its own pace, handling your claim carefully is worth the effort.

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