3 Things You Need to Do to Help You Win Your Apollo Beach Car Accident Case

Jim Curtis • September 25, 2024

When you’ve been injured in an accident, you can bet that the insurance company is going to analyze everything that you do from the time of your accident forward, and there are certain things that they’re going to look for, that they will rely on, and that will give them an argument as to why they shouldn’t pay you at all, or why they should pay you less for your claim.

 

The truth is that insurance companies are smart, and unlike most people who aren’t in the insurance or legal industry, the insurance company understands that after an accident, your medical records will tell a story. Insurance companies also know that most people (Jurors) will believe this story, because if it is in your medical records, then it must be right. The problem is that people who’ve been injured in an accident are not thinking about the story that their medical records are telling. Instead, they’re just going about their daily lives, dealing with all of their normal daily responsibilities, while at the same time also trying to recover from their injury. It’s a lot to juggle, and the insurance companies use this to their advantage because, for most, when it comes to dealing with their life versus treating for, let’s say a neck or back injury, many will choose dealing with their responsibilities because life doesn’t stop just because your injured. Insurance companies take advantage of this fact, and they use it against you by painting a picture that your actions aren’t consistent with someone whose been seriously hurt.

 

But if you do these three things, you can effectively take away these arguments.

 

1. Go to the Doctor as Soon as Possible After Your Accident

 

This may sound like a no brainer but there are a lot of people who put off going to the doctor for sometimes days and even weeks after an accident. They do this in hopes that their injury will get better on its own, or just because they don’t like going to doctors.

 

The problem is that any delay in seeking treatment, especially if significant (ex., greater than 7-10 days), will give the insurance company an argument to justify a lowball offer. The argument is that they don’t believe you could have actually been injured in the accident because, according to the insurance company (and many people believe this as well), if you were, in fact, injured in the accident, you would’ve seen a doctor sooner.

 

You can avoid this type of argument by just going to the doctor right after your accident. Even if it’s just an urgent care visit or going to a chiropractor. The point is that you just need to document your complaints early and as close to the date of the accident as possible.

 

2. Be Consistent with Your Medical Treatment

 

When looking at the medical records of someone who has been injured in an accident, one of the most concerning things to see is sporadic treatment. An example of this is when a person will treat consistently for a month or two, and then they stop treating at all for the next 2 or 3 months, or maybe even longer, and then they go back to treatment.

 

The problem with this type of sporadic treatment is that it creates what insurance companies call a gap in treatment. A gap in treatment is a period of time in which there is no medical treatment, whatsoever, for your injuries. This can be the period of time from the date of your accident until your first date of treatment, as discussed above, or a period of time between two treating appointments, with no medical explanation. 

 

Insurance companies love gaps in treatment and they’ll use any gap in treatment to argue that you either weren’t hurt in your accident, or that your injury resolved and any treatment after the gap is not related to the accident. But if you consistently treat for your injuries, even if it’s just a regular maintenance appointment, the insurance company will take note of this and they won’t be able to make this argument.

 

3. Follow Your Doctors Recommendations

 

The absolute worst thing you can do for your injury case is to not follow your doctor’s recommendations. Aside from some exceptional circumstances, like caring for a sick family member, there is really no good explanation for not following your doctor’s recommendations.

 

A good example of this is when therapy (ex., physical therapy or chiropractic) has been recommended and the injured person either doesn’t go at all, or doesn’t go at the recommended rate. Or, worse yet, when therapy hasn’t fully resolved a person’s pain and the doctor recommends a pain management procedure – like an epidural steroid injection - and the person refuses this treatment. While it is understandable for someone to not want to have an injection, because nobody likes injections, the problem is that when you’re asking someone to pay you for your medical treatment and even more for your pain and suffering, you have to bet that the person or insurance company is going to look at the fact that you refused to do something that could have helped you, and they’re going to think that maybe your just not as injured as you claim.

 

Bottom line, if you want to increase the value of your personal injury case, you have to have early and consistent medical treatment, and you have to be compliant with what your doctors tell you. Anything short of this, you’re just helping the insurance company. More importantly, you’re costing yourself valuable dollars in recovery.

 

Call Jim The Lawyer, Accident and Injury Attorney,

After Your Apollo Beach Car Accident

 

Hiring an experienced car accident lawyer can make all the difference in the outcome of your Apollo Beach car accident case.  If you’ve been injured in a Apollo Beach, Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury. Contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.


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Do I Have to Call the Police After a Car Accident in Florida? There is nothing more inconvenient than being in a car accident. That’s why many people don’t even wait around to call the Police after one occurs. But is this legal? The answer depends on the circumstances of the crash, but understanding the legal requirements and practical implications can help you make an informed decision in an otherwise stressful situation. Florida’s Legal Requirements for Reporting Car Accidents Florida law requires you to file a police report if your crash meets any of the following criteria: · If there is any injury or fatalities · When there is property damage exceeding $500 · Hit-and-Run situations · If there is suspicion of impaired driving · The accident involved a commercial vehicle · A vehicle needs to be towed from the scene Failure to report your accident in such a case could potentially result in criminal penalties. However, although the law requires a report of the crash if any of these criteria are met, the law does allow drivers up to 10 days to file a crash report with local authorities if they did not call the police at the scene. This obviously would not apply in the case of injury or fatality, or if a driver is impaired. These should be reported immediately. Regardless of the situation, it is always best practice to call the Police after a car accident. Why You Should Call the Police Even When You’re Not Legally Required to Do So There are number of reasons why you should still call the Police after a car accident even if you don’t meet any of the criteria that would legally require you to do so. The reasons include: There is Less Chance for Conflicting Stories When information is gathered quickly at the scene of an accident by the Police, it can then be preserved and there is less chance that it can be misconstrued in the future. People also tend to be more forthcoming at the scene when talking to the Police. However, when given time to think about it, stories often change, especially if a person knows that a claim is being pursued against them. Calling the Police and getting a report can help prevent this happening. Document the Accident The Police Report is the best place to document your accident right after it happened. Unlike merely exchanging information with the other driver, having the Police obtain a statement from all parties involved as well from any eyewitnesses is crucial for any subsequent insurance claim. The Police will often also assign fault to a party, which can be useful in a subsequent claim as well. Document Your Physical Complaints The Police Report is your first opportunity to document any physical complaints that you may have, while still at the scene of the accident. This is very important, especially if you’re unable to seek medical treatment right away. In such a case, without a Police report documenting your complaints, the insurance company may question whether you were even hurt in the accident, especially if it took 4-5 days for you to get in to see a doctor. When You Might Choose Not to Call the Police Although it is always best to call the Police after a Florida car accident, there are times where it may not be imperative that you do so. One such situation would be in the case of a minor accident with no injuries. If the crash is minor and all vehicles are driveable, and nobody is complaining of any injury, waiting around for the Police to show up and take down your information may not be necessary – as long as you still take steps to properly document your accident. Those steps should include: · Exchanging Information: Take a photo of the other driver’s license and make sure to get insurance information. · Take Photographs: If you are not going to call the Police after your accident, it is even more important that you document the crash by photographs. Be sure to take photos of the scene of the accident, and of the damage to all of the vehicles involved in the crash. · Witness Statements: If there are witnesses to your accident, ask for their names and phone numbers so you can get a statement from them later, if necessary. From here, contact a lawyer if you have any questions about filing an insurance claim, or if you begin to feel pain and believe that you may have been injured. Challenges in Pursuing an Insurance Claim Without a Police An insurance company will question everything after an accident. This is especially true if there is no Police Report. Without a Police Report, there is a good chance that liability may be disputed, as there is likely to be conflicting stories from each driver. The Police will investigate the crash and determine who they believe caused the accident. This can help if there are conflicting versions of what happened. Another challenge is in proving that your injury is related to the accident, and not to something else. Without a Police report documenting your complaints, the insurance company may dispute your injuries and their relation to the crash. This is especially true if you don’t seek treatment right away. Call Florida Car Accident Attorney, Jim The Lawyer, for Legal Help Hiring an experienced car accident lawyer can make all the difference in the outcome of your Florida car accident case. If you’ve been injured in a Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury.  Contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.