Common Mistakes People Make After a Car Accident in Florida

After suffering any type of accident caused by negligence, whether it’s a car crash, slip and fall, or anything else, the moments and days following the incident are critical. Unfortunately, many individuals make mistakes during this time that can negatively impact their ability to recover compensation in a personal injury claim. From failing to seek medical attention to improperly handling insurance claims, these missteps can reduce your settlement or even result in a denial of compensation altogether.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have seen how common mistakes can affect a personal injury claim. Understanding these pitfalls and how to avoid them is crucial for protecting your legal rights and securing the compensation you deserve.

These are some the most common mistakes we see people make after an accident:

1. Failing to Document the Scene

We understand that after a person is involved in a traumatic incident involving injury, they may not be thinking about documenting the scene and the dangerous conditions that caused their injury. However, the moments immediately after the incident may be the only chance you have as a victim to document the scene in the same condition it was in when the injury occurred. Shortly after the incident, changes to the scene will be made that could make it very difficult to prove your case later.

For example, if someone slips and falls in a retail store on a foreign substance, the employees of that retail store will be along shortly to clean up that substance. If you do not take photographs or video of the substance, you may never be able to recreate exactly what the condition looked like on the date of the injury which can harm your case.

Thankfully, most people carry around smartphones today which makes it very convenient to quickly document the scene after an injury. We also see cases where victims may take one photograph, but the photograph is blurry and fails to capture the entire scene. Again, this may be your only chance to capture exactly what the dangerous condition looks like after an injury, so take as many pictures as possible. 

2. Failing to Seek Immediate Medical Attention

One of the most common and serious mistakes people make after a motor vehicle accident is failing to seek prompt medical attention. Even if you believe your injuries are minor or non-existent, it’s important to see a healthcare professional immediately. Some injuries, like concussions or internal bleeding, may not present symptoms right away, but they can worsen over time.

Why This Matters

Seeking medical attention serves two critical purposes: it ensures your health is properly evaluated and creates a medical record that will be crucial if you later decide to file a personal injury claim. Also, if you case involves a car accident, it protects your right to recover PIP benefits from your automobile insurance policy. Florida Statute § 627.736 governs Personal Injury Protection (PIP) coverage, which requires accident victims to seek medical care within 14 days of the accident to be eligible for PIP benefits. If you delay or fail to seek medical treatment, you risk losing your right to recover these benefits, which are designed to cover initial medical expenses for all Florida drivers. 

Always err on the side of caution. Even if you don’t think your injuries are serious, it’s crucial to schedule an appointment with a doctor as soon as possible. By seeing a doctor right away, you ensure that any hidden injuries are properly diagnosed and treated.

Never downplay your symptoms in an attempt to “tough it out,” but also avoid exaggerating or fabricating any details about your injuries. If you lie or make up symptoms, it could damage your credibility and harm your claim. Insurance companies and opposing attorneys often investigate personal injury cases thoroughly, and any discrepancies in your medical records or statements can be used against you.

3. Not Reporting the Accident to Authorities

Another common mistake is failing to report the accident to the proper authorities. Florida Statute § 316.066 states that drivers involved in a car accident that results in injury or death must report the incident to the local police department, the county sheriff’s office, or the Florida Highway Patrol. 

Not filing a police report can hurt your claim, as the report serves as an official document that outlines the details of the incident, which can be critical evidence later on. The police report includes crucial information, such as the identities of those involved, witness statements, and the officer’s assessment of fault.

Even in minor accidents, it’s a good idea to call the police and file a report. This documentation could be the difference between a smooth claims process and a contested liability battle down the line.

4. Admitting Fault at the Scene

In the heat of the moment after an accident, it’s natural to feel flustered, confused, or even guilty. Many individuals make the mistake of apologizing or admitting fault, even if they are not entirely sure what happened. Admitting fault at the scene can seriously jeopardize your ability to recover compensation for your injuries, even if further investigation shows you were not responsible for the accident. Also, your statements to any potential defendant can be used against you later. So if you apologize just to be nice, that can be construed to make it look like you were admitting fault.

Florida now operates under a modified comparative fault system. This means that if you are found more than 50% responsible for your injury, you recover nothing.

5. Speaking to Insurance Companies Without Legal Representation

Insurance companies often reach out to accident victims soon after an accident, requesting statements or offering settlements. Many individuals make the mistake of speaking with insurance adjusters before consulting with a personal injury attorney. It’s important to remember that insurance companies are not on your side; their goal is to minimize payouts.

Florida’s insurance laws require you to notify your insurance company after an accident. However, you are not required to provide detailed statements or agree to a settlement without legal guidance. Anything you say to the insurance company can be used to reduce or deny your claim.

Always consult with a personal injury attorney before speaking with insurance companies. An attorney can help ensure that you don’t unintentionally say something that could be used to undermine your claim.

6. Accepting the First Settlement Offer

In the wake of an accident, especially if you’re dealing with medical bills and lost wages, it can be tempting to accept the first settlement offer from the insurance company. However, this is often a mistake, as initial settlement offers are typically far below what you are entitled to.

Once you accept a settlement, you generally waive your right to pursue further compensation, even if you later discover that your injuries are more severe than initially thought. Florida law allows you to pursue compensation for both current and future damages, such as medical expenses, lost wages, and pain and suffering. Accepting a low settlement can leave you financially strained in the long run.

Never rush to settle. Consult with a lawyer to evaluate the true value of your claim and negotiate a settlement that fully compensates you for all of your injuries and losses.

7. Delaying Legal Action

One of the biggest mistakes accident victims make is delaying legal action. Whether due to fear, confusion, or uncertainty, many people wait too long before contacting an attorney or filing a personal injury claim.

In Florida, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Waiting too long to pursue legal action can result in the loss of your right to recover any compensation.

The sooner you contact an attorney, the better. Acting quickly ensures that evidence is preserved, witnesses’ memories are fresh, and your case is filed within the legal time limits.

8. Failing to Follow Through with Medical Treatment

Another common mistake is failing to follow through with recommended medical treatment after an accident. Some individuals skip doctor’s appointments, don’t take prescribed medication, or fail to complete physical therapy. Insurance companies often use this as evidence that your injuries are not as severe as claimed. Make sure to attend all appointments, follow your doctor’s advice, and keep detailed records of your treatment.

9. Posting on Social Media

In today’s digital age, it’s natural to want to share updates about your life on social media. However, posting about your accident, injuries, or activities can harm your personal injury claim. Insurance companies often monitor claimants’ social media profiles, looking for any evidence that contradicts your injury claims.

Even seemingly innocent posts can be used against you. For example, if you post photos of yourself engaging in physical activities while claiming serious injuries, the insurance company may argue that your injuries are not as debilitating as you allege.

It’s best to avoid posting on social media until your case is resolved. Anything you share online could be used by the opposing party to dispute your claims.

Contact Our Personal Injury Lawyers For a Free Consultation

From seeking immediate medical attention to steering clear of common pitfalls with insurance companies, taking the right steps after an accident is essential for building a strong case. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to guiding you through every step of the legal process to ensure that your rights are protected and your claim is handled with the attention and care it requires.

Our experienced team handles a wide range of personal injury claims, including car accidents, motorcycle accidents, slip and falls, medical malpractice, negligent security, wrongful death, and cruise ship injuries. No matter the type of accident, we are prepared to fight on your behalf to secure compensation for medical expenses, lost wages, pain and suffering, and other damages.

We handle cases on a contingency fee basis, meaning you won’t pay any fees unless we win your case. With a proven track record of recovering millions for our clients and taking on complex cases that other firms reject, we are well-equipped to handle even the most challenging personal injury claims.

If you or a loved one has been injured in an accident in Florida, don’t wait to seek legal representation. Contact Flanagan & Bodenheimer Injury and Wrongful Death Law Firm today at 305-638-4143 for a free consultation.